Certified copy of the order sheet of the trial court filed today by the learned counsel for the applicant is taken on record.
Heard Shri Viresh Mishra, learned Senior Counsel assisted by Shri Vivek Tiwari, learned counsel for the applicant, Shri Vinay Kumar Tiwari, learned counsel for the informant as well as the learned A.G.A for the State and perused the record.
It is submitted by the learned Senior Counsel appearing for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Two prosecution witnesses have been examined. Applicant is in jail since 2015. There is a cross version of the present matter and applicant has also sustained grievous injuries. He was admitted in the hospital and was under treatment for many days. Prosecution has not explained the injuries sustained by the applicant. It is further submitted that one F.I.R. was also lodged on the part of the applicant in which the concerned Investigating Officer submitted final report. A protest petition was filed, which was subsequently treated as complaint and evidence is being collected in the said complaint case. It is further submitted that both cases will be decided simultaneously and which version is correct will be decided after trial. Since fact witnesses have been examined, there is no chance of tampering of evidence by the applicant. It is next contended that only one entry and exit wound is found on the body of deceased. Medical evidence does not support the oral version. Applicant is on bail in the criminal case shown as criminal history. It is lastly submitted that in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for informant as well as the learned AGA opposed the prayer for bail and submitted that applicant was released on bail in a murder case and thereafter present offence was committed by him. Injuries said to have been sustained by the applicant were fabricated. He himself caused the said injuries. At this juncture, learned counsel for the informant referred to the statement of witnesses examined in the matter and further submitted that a prima facie case is made out. Applicant was terrorizing the witnesses in the Court due to which evidence could not be completed. If applicant will be allowed on bail, he will surely commit such type of offence again against the witnesses examined in the matter.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, stage of trial and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application is liable to be rejected and the same is accordingly rejected.
Order Date :- 25.8.2021/safi