Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32531 of 2021 Applicant :- Sunil Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as 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. 50/2021, under Sections 279, 304 IPC, police station Kannauj, District Kannauj with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. It was submitted that applicant is not named in the FIR and that only general role has been assigned to all the assailants and that no specific role has been assigned to the applicant. It was further submitted that recovery of iron pipe has been shown after six months of alleged incident and that there is no independent witness of alleged recovery. It was further submitted that similarly placed co-accused Brijesh has already been enlarged on bail by coordinate Bench of this Court, copy of which has been annexed with the application. It has further been argued that the applicant is in judicial custody since 06.07.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that it is a case of road rage and after alleged accident, applicant has given an iron rod blow at head of deceased and resultantly deceased has sustained fatal injury at his head and died. Learned A.G.A. has also referred the statement of eye witness Saurabh Gupta. It was further submitted that recovery of weapon of offence i.e. iron pipe has been shown at the instance of applicant. It was submitted that applicant has been attributed the role of causing fatal injuries to deceased by attacking the deceased with iron pipe at his head and thus, the case of applicant is distinguished from co-accused Brijesh and applicant cannot claim parity with co-accused Brijesh.
Perusal of record shows that after the incident of road accident, a quarrel took place between two groups and that as per eye witness Saurabh Gupta, applicant has given an iron pipe blow at head of deceased, which proved fatal and later on deceased died. Recovery of iron pipe has also been shown at the instance of applicant. Thus, the case of applicant is distinguished from co-accused Brijesh.
After considering submissions of learned counsel for the parties, looking into the seriousness of the allegations, gravity of the offence, severity of punishment and considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the instant bail application filed on behalf of applicant Sunil is rejected.
Order Date :- 27.9.2021 Anand