Court No. - 20 Case :- BAIL No. - 8669 of 2009 Petitioner :- Mukesh Singh Respondent :- State Of U.P. Petitioner Counsel :- Arun Kumar Shukla Respondent Counsel :- Govt.Advocate Hon'ble Raj Mani Chauhan,J.
Learned A.G.A. files counter affidavit and supplementary counter affidavit,
which are taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The accused applicant Mukesh Singh is involved and detained in Case Crime
No. 475 of 2009, under Sections 304, 504, 506 I.P.C., from Police Station
Kotwali Karnail Ganj, District Gonda and he has applied for bail.
The submission of the learned counsel for the accused applicant is that as per
prosecution case, the accused applicant along with two others was pressing
the deceased Dashrath Singh, the father of the complainant Hari Kant Singh,
to settle the matter regarding the land in dispute. The deceased was not
exceeding the offer of the accused, therefore, they got annoyed and gave him
lathi and danda blows. Consequently, he sustained injuries and later on,
succumbed to his injuries. Learned counsel for the accused applicant contends
that from a perusal of the medical examination report of the deceased, it
appears that he sustained only two injuries. As per opinion of the doctor,
injury no.2 was simple in nature and injury no.1 was to be determined by the
Radiologist after x-ray examination but in the post mortem examination report
of the deceased, the doctor who had conducted the post mortem examination
on the deceased, had found as many as five injuries. In this way, injuries
found in the medical examination report and in the post mortem examination
report of the deceased are inconsistent. Therefore, the prosecution case, as
alleged, appears to be highly doubtful. Learned counsel further contends that
as per allegation of the prosecution, it does not appear that the accused had
given lathi and danda blows to the deceased either with the intention to cause
his death or with the knowledge that the injuries to be caused to the deceased
would likely to cause his death. Therefore, it was not a case of homicide
death; rather it was a case of simple hurt. Therefore, the present accused
applicant deserves to be released on bail.
Learned A.G.A. opposed the prayer for bail.
Considering the submissions of learned counsel for the applicant, learned
A.G.A. as well as keeping in view the totality of the fact and circumstances of
the case, without expressing any opinion on the merits of the case, the accused
applicant may be released on bail.
Let applicant Mukesh Singh be released on bail in the aforesaid case crime
number on his furnishing a personal bond with two sureties each in the like
amount to the satisfaction of the court concerned.
Order Date :- 11.1.2010
Sanjay