Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44975 of 2021 Applicant :- Vipin Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.,Dhiraj Kumar Pandey
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Vipin, in Case Crime No. 385 of 2021, under Sections- 147, 148, 323, 325, 302 I.P.C., P.S. Sadar Bazar, District-Saharanpur.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 29.8.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; he was shown to be armed with palkati and no wound of palkati is there over the person of deceased, in autopsy examination report. Hence, bail has been prayed for.
Learned AGA as well as learned counsel for the informant has vehemently opposed with this contention that instant report is there on the same day of occurrence by Sri Arjun, who was not present on spot; he rushed on spot, after having information and specific sequence of occurrence has been said by him; Vipin has been said to be armed with sharp edged weapon and the autopsy examination report reveals cut wound over forehead corresponding to injury of palkati, which is a sharp edged weapon; Pankaj, who was also injured, has specifically said applicant to be armed with palkati and the same has been recovered upon the pointing of applicant; there is every likelihood of fleeing from the course of justice or tampering with evidence in case of release on bail.
Having heard learned counsels for both sides and gone through materials placed on record, it is apparent that Pankaj is an injured witness and he, in his statement, has specifically said applicant to be armed with palkati and giving assault over deceased; the autopsy examination report is of this fact that injury No. 1 was cut wound over the face of deceased that too of size of 0.5cm X 0.1cm over left side of forehead, beneath which, there was fracture as well as hematoma and this was cause of death.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, no ground for bail is made out.
Accordingly, the bail application is rejected. Order Date :- 22.12.2021 Kamarjahan