Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19524 of 2019 Applicant :- Shreeram @ Ramesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Counter affidavit filed by learned AGA is taken on record.
By means of this application the applicant Shreeram @ Ramesh has prayed to release him on bail in Case Crime No. 177 of 2018, u/s 436, 326, 304 I.P.C., P.S. Kalyanpur, District- Fatehpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that initially the case was registered for offence punishable under Section 436 and 326 IPC. The accusation was mischief of fire in the house of informant whereas no evidence of fire at any portion of house of informant is there on record rather injured has said that Shreeram poured kerosine oil and put it at ablaze. This was the statement of other witnesses too. The motive of this offence was of so trivial that it may never make it possible. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application.
First Information Report reveals that occurrence was of 02.12.2018 and on the same day report was got lodged at police station at 11:57 A.M. i.e., instant report with precise allegation of commission of mischief of fire by Ram Bahadur and Shreeram thereby causing grievous hurt by fire to Santlal @ Rangeelal and his admission at Kanpur Hospital was there. The statement of Santlal @ Rangeelal was got recorded, in which he has categorically said that two persons were involved in this heinous offence and it was Shreeram who put fire by pouring kerosine oil resulting his burn. Subsequently, he died and offence under Section 304 IPC was added. The same is the statement of eye witness account Ganga Sagar, who had informed informant about the occurrence. Hence, under all above facts and circumstances but without commenting on merits of the case and without minutely analyzing evidence, just for avoiding any prejudice in trial, there is no ground for granting of bail.
The bail application is, accordingly, rejected.
Order Date :- 31.7.2019 Kamarjahan