Court No. - 8 Case :- BAIL No. - 668 of 2010 Petitioner :- Ram Dhiraj Respondent :- State Of U.P. Petitioner Counsel :- Pankaj Verma Respondent Counsel :- Govt. Advocate Hon'ble Ashwani Kumar Singh,J.
Counter affidavit is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and
perused the entire record of the case.
The submission of learned counsel for the applicant is that, as
alleged, in the FIR accused applicant and other three co-
accused caused injuries to complainant’s father Jeevan Lal,
Mother Ramawati and grand-father Jokhu with lathi, danda and
back side of fawra. In the statement of complainant recorded
under Section 161 Cr.P.C, he has alleged that co-accused Bechu
was armed with lathi, co-accused Dhani Ram was armed with
kudal, co-accused Ganga Ram was armed with fawra and
accused applicant Ram Dhiraj was armed with tengari. It is
further alleged that the injured persons were assaulted by lathi,
danda and back side of fawra. He further submits that there is
major contradiction in the statement of complainant recorded
under Section 161 Cr.P.C. and in the FIR. In the FIR, it was
alleged that all the persons were assaulted with lathi, danda and
fawra and there was no mention of co-accused Dhani Ram being
armed with kudal and accused applicant armed with tengari. The
complainant in his statement does not assign any role to accused
applicant, who was armed with tengari, as alleged. He further
submits that initially, the FIR was lodged under Sections 323,
504, 506 IPC,but after the death of injured Jokhu, it was
converted under Sections 304, 323, 325, 504, 506 IPC. It is also
submitted that there is no specific averment neither in the FIR nor
in the statement of the complainant recorded under Section 161
Cr.P.C. as to who caused injuries to deceased Jokhu. He further
submits that in the statement of complainant, it is only said that
the injured were assaulted by lathi, danda and back of fawra.The
applicant has no criminal history, as mentioned in para 26 of the bail
application, which has not been controverted by the State.
Considering the overall aspects of the matter, I hereby provide
that the applicant be released on bail in Case Crime No.291 of
2009, under Sections 304, 323, 325, 504, 506 IPC, P.S.
Khargupur, District Gonda, on his filing a personal bond and two
sureties each in the like amount to the satisfaction of the court
concerned.
Order Date :- 1.2.2010
A