Court No. - 21
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41362 of 2018 Applicant :- Yusuf Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kumar Dhama Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Vakalatnama filed by Sri Raj Kumar Singh and Sri Sheshadri Trivedi, Advocates, on behalf of complainant, is taken on record.
The present bail application has been filed by the applicant in Case Crime No. 296 of 2018, under Sections 147, 148, 149, 452, 307, 302 IPC, P.S. Doghat, District Baghpat.
Learned counsel appearing on behalf of the applicant submits that as per postmortem examination report conducted at District Hospital, Baghpat, there is only a single stab wound on the body of the deceased Pappan and the cause of death has been shown as shock and hemorrhage due to ante mortem injury caused by sharp and pointed object. Learned counsel for the applicant submitted that the applicant is 65 years of age and he has been falsely implicated in the present case. He is suffering from old age diseases. The alleged recovery of Kanta has been shown on the pointing out of the applicant by the police, but that was not supported by any independent witness. The applicant, who is in jail since 26.05.2018, having no criminal history to his credit, deserves to be released on bail.
Per-contra learned AGA and learned counsel for the complainant have vehemently opposed the prayer for grant of bail to the applicant by submitting that the weapon used in the crime has been recovered on the pointing out of the applicant. The applicant and other co-accused attacked the deceased with the help of sharp edged weapon and on that count injured Pappan died during treatment in the hospital. The applicant is a member of unlawful assembly.
I have heard learned counsel for the applicant as well as learned counsel for the opposite party and perused the record.
The weapon used in the crime has been recovered on the pointing out of the applicant. The version of the F.I.R. as well as the version of the statement made by witnesses under Section 161 Cr.P.C. are corroborative to each other. I do not agree with the argument raised by learned counsel for the applicant that there is only one stab wound on the body of the deceased, therefore, there is no intention to kill the deceased.
Considering the aforesaid facts and circumstances of the case, the nature of allegations, the gravity of offence, this Court without expressing any opinion on merits, does not find it to be a fit case for bail at this stage. The bail application stands rejected at this stage.
Present bail application is dismissed, accordingly.
Order Date :- 31.10.2018 NS