Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34892 of 2021 Applicant :- Shiv Charan Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 183 of 2021, under Section 304 IPC, Police Station - Kiratpur, District - Bijnor with the prayer to enlarge the applicant on bail.
The First Information Report of this incident was lodged on 26.06.2021 on the complaint of Shri Mayaram. Shiv Charan, the present applicant, is the sole accused in this FIR. The incident is alleged to have taken place in morning at about 8:00 A.M. and it was witnessed by the complaint who was present and was offering jal to God Shani. The FIR also mentions that Dayanand Giri was sitting in the verandah of temple and the present applicant came and assaulted him with a lathi. The complainant and others namely Dharam Pal Singhy, Jabar Singh and Smt. Pooja tried to save him from the clutches of the present accused. On the way to the hospital the injured Dayanand died.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. It is argued by him that the present accused has been nominated falsely in this case due to political rivalry in the village. It is also argued that there was no intention of the applicant to beat or kill the deceased Dayanand, who was a pujari of the temple. Lastly, it is argued that the applicant is in jail since 26.5.2019 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. It is argued by him that the present applicant had intentionally assaulted the deceased and he was having full knowledge that the injuries being caused by lathi blow would be fatal and grievous to cause death. It is also argued by the learned AGA that independent witness as well as the complainant has deposed against the present applicant. The bail application on his behalf is liable to be rejected.
Keeping in view the submission of learned counsel for the parties, considering the evidence against the present applicant, considering the brutal attack made by this applicant with lathi blows on the injured, who died on the way to hospital, considering the period of detention of the applicant and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, no case for bail is made made out and the bail application is liable to be rejected.
The bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.10.2021 LBY