Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46703 of 2018 Applicant :- Shyamal Opposite Party :- State Of U.P. Counsel for Applicant :- Vinay Saran Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard Sri Vinay Saran, learned Senior Counsel, assisted by Sri Pradeep Kumar Mishra, for the applicant; the learned A.G.A. for the State; and perused the record.
The present bail application has been filed by the applicant in case crime No. 267 of 2017, under Sections 147, 148, 149, 302, 504 and 34 I.P.C., Police Station Maant District Mathura with a prayer to enlarge him on bail.
The allegations in the first information report, which has been lodged by Satyendra, is that while the informant along with his father Bhagwan Singh and his Tau (Tota) were looking after their field, they were attacked by the accused persons, five in number including the applicant, who all were armed with fire arms. They shot dead the father of the informant. The first information report alleges that the accused had earlier also attempted to kill informant's father in connection with which, already a case was pending.
The post mortem report of the deceased discloses as many as seven gun shot wounds of entry apart from exit wounds and lacerated wounds. The prosecution case has been supported by eye witnesses.
Learned counsel for applicant has contended that another version of the incident was set up by Smt. Subhadra wife of one Kallu through an application under Section 156(3) Cr.P.C. in which she has made Bhagwan Singh (the deceased of the present case) as one of the three accused persons. In this version of the incident, the allegations are that an attempt was made on the life of her husband (Kallu), who received injuries, and, thereafter, the villagers returned fire, as consequence of which, the deceased died. It has been submitted that this cross version of the incident finds corroboration from a subsequent event which was reported by way of F.I.R. No. 0008 of 2018 at P.S. Shergadh, District Mathura. It has been submitted that as there appears to be another version of the incident, the applicant, who is one of the five accused persons, is entitled to be released on bail, as he has already suffered incarceration since 23.09.2017.
Learned A.G.A. has opposed the prayer for grant of bail and has submitted that the first information report of the incident was promptly lodged within one and half hour of the incident. The version taken in the FIR against the applicant and four others is supported by post mortem report, inasmuch as, seven gun shot wounds of entry were found on the body of the deceased. Further, there is motive for the crime. It has been submitted that in the cross version although it has been stated that the villagers have returned fire resulting in gun shot injuries to the deceased Bhagwan Singh, but the details of those persons, such as their names, whether they had licensed weapon or not, are conspicuous by their absence.
I have given thoughtful consideration to the rival submissions. Without expressing any opinion on the merits of the case, this Court does not find it to be a fit case for grant of bail to the applicant. The bail application is rejected. The trial court shall endeavour to conclude the trial, expeditiously.
Order Date :- 29.5.2019 Md Faisal