Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3928 of 2019 Applicant :- Virendra Kumar @ Master Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
By way of the instant application, the applicant seeks bail in Case Crime No.0167 of 2018, under Section - 304 I.P.C., Police Station - Dubauliya, District - Basti.
It has been claimed by learned counsel for the applicant that in this case, no specific role has been assigned to the applicant. It is stated that the incident took place on the fateful day at around 8:00 a.m. when some scuffle took place between the applicant and the deceased. A person named as Jagram intervened and separated both the deceased and the applicant, where after the victim went away from the spot. Claiming innocence as a gesture of ground for bail, it has been claimed that there is no concrete evidence on record which justifies the fact that the ante- mortem injuries (nine in number) found on the body of the deceased, were caused by the applicant. Moreover, there is no eye-witness account to the fact that these injuries have been caused by the applicant. The deceased was in drunken state at the time of the occurrence and there was possibility of his falling down on the ground and sustaining all these injuries.
Per contra, Sri Bhanu Prakash Singh and Ms. Ruchi Mishra, learned brief holders for the State have opposed the prayer for bail on ground that applicant has been specifically named and specific allegation about injury being caused by him has emerged from the statement of the eye-witness Jagram, who intervened and separated both the applicant and the deceased in the morning when the assault was caused around 8:00 a.m. The post mortem examination report indicates nine injuries and it cannot be said that these injuries cannot be caused by assault given by kicks and fists. The nature of the ante-mortem injuries shows severe beating of the deceased by the applicant.
Considered the rival submissions and perused the material brought on record. No good ground is made out for bail. The bail application is rejected at this stage.
It is made clear that observation made in this order shall not be construed to have any reflection on merits of the case.
Order Date :- 29.1.2019 S Rawat