Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48565 of 2018 Applicant :- Vikas Rai Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Bahadur Singh,Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
This bail application has been given by accused Vikas Rai in Case Crime No. 46 of 2018, under Section 302/34 I.P.C, Police Station Haliya, District Mirzapur.
According to F.I.R version, on 17.03.2018 at about 9.00 P.M when the deceased was sitting in front of house for natural call accused applicant Vikas Rai with Raj Rai and one other unknown person came there and fire on him by country made pistol and the shot hit on the abdomen of the deceased. Incident was seen by informant and her brother- in-law Bhagwan Das. The deceased was taken to District Hospital, Mirzapur by ambulance, from where he was referred to Trauma centre, Varanasi where he died.
Submissions of the learned counsel for the applicant is that at the time of incident the deceased was urinating when the accused persons shot fire on him. During treatment the injured died in the Trauma centre, Varanasi. The spot inspection was made by Police but neither blood nor any trace of gun shot found as such no material was collected form the place. The recovery of Katta from the applicant has been shown from the place on 18.05.2018. Co-accused Raj Rai has been granted bail by this Court and the accused applicant is in jail since 10.05.2018. He has no previous criminal history. Recovered katta has not been sent for chemical examination. None of the witnesses appears to have seen the incident as they saw the accused persons running from that place and there was no source of light. The accused has been falsely implicated because of land dispute enmity.
The learned A.G.A vehemently opposed the bail application and has submitted that role of this accused applicant is of firing on the deceased whereas other co- accused Raj Rai was simply accompanying him and was released on bail by this Court by order dated 16.11.2018 passed in Criminal Misc. Bail Application No. 43096 of 2018.
It has been further submitted by the learned A.G.A that statement of eye witnesses given to the Investigating Officer clearly indicate that the role of causing gun shot injury has been assigned to this accused applicant and the other accused Raj Rai who has been released on bail was simply accompanying him. Further, it has been submitted that katta which was used in causing murder of the deceased was recovered by the Police on the pointing of accused applicant himself and the same has been sent for forensic examination. He has further submitted that the benefit of parity cannot be given to this accused applicant as this accused applicant has been assigned the role of firing shot over the deceased. Accused applicant caused death of the deceased by fire arm and fire arm hit in the abdomen of the deceased which is a vital part of the body. Argument that the postmortem report shows that direction of the gun shot injury is from upward to downward will not make any effect as it has come in the statement of witnesses that when deceased stood up after urinating, the fire arm injury was caused. The argument regarding the recovery of blood and gun shot powder from the spot is not relevant at the stage of bail and that could be seen only at the time of merit when prosecution will adduce the evidence in support. So far as, seeing the accused applicant from behind while he was running from the place of incident and source of light is concerned, the same can also be seen at the time of merit after evidence is given. More over the accused applicant was known to the witnesses and therefore the learned A.G.A has submitted that it is possible that a known person may be recognized from behind.
Considering all the facts and circumstances of the case and the magnitude of the offence, I do not find sufficient ground at this stage for bail of the accused.
Hence, bail application of Vikas Rai is hereby rejected.
Order Date :- 31.7.2019 PS