Court No. - 29 Case :- BAIL No. - 6075 of 2010 Petitioner :- Ashok Kumar Respondent :- State Of U.P. Petitioner Counsel :- Arvind K. Verma Respondent Counsel :- Govt.Advocate Hon'ble Ashwani Kumar Singh,J.
Counter affidavit filed by learned counsel for State is taken on
record.
Heard learned counsel for the accused applicant and learned
counsel for the State.
Perused the F.I.R. and other relevant papers filed in support of the
bail application.
Submission of the learned counsel for the accused applicant is
that, as alleged, the accused applicant was armed with
‘KHURCHANA’ and co-accused Bechalal, Satynam and Santosh
were armed with iron angle, co-accused Bhagwati armed with iron
pipe and co-accused Alok was armed with danda assaulted the
deceased Ramvilas who died on the spot and Sri Kishan, Dinesh
and Navmi Lal received grievous injuries who were admitted to
Barabanki hospital for treatment. It is further submitted by the
learned counsel that the deceased received as many as seven ante
mortem injuries and injured Dinesh Kumar and Sri Kishan
received four injuries. It is further submitted by learned counsel
that in the statement of the complainant recorded under Section
161 Cr.P.C. he has repeated the same version that accused
applicant armed with ‘KHURCHANA’ and other named persons
armed with different weapons assaulted the deceased who died on
the spot and one Dinesh Kumar, Sri Kishan and Navmi Lal
received injuries and were admitted to the district hospital,
Barabanki for treatment. Learned counsel contends that the
postmortem on the body of the deceased Ram bilas was conducted
on 21.06.09 and it was opined that the cause of the death is
asphyxia as a result of antemortem throatling. Learned counsel
also contends that there is no such allegation in the F.I.R. nor in
the statement of the complainant, Rajendra Kumar Verma, brother
of the deceased, it is only mentioned that the applicant armed
with ‘KHURCHANA’ and other co-accused armed with other
weapons assaulted the deceased who died on the spot and one Sri
Kishan, Dinesh Navmi Lal received grievous injuries and was
admitted to the Barabanki hospital. Learned counsel vehemently
contends that in the statement of the injured Dinesh kumar new
story has been developed after the postmortem was conducted on
22.07.09. The new story developed is that the applicant armed with
‘KHURCHANA’ and other co-accused persons armed with other
weapons assaulted the deceased who fell down and then he was
dragged to another field where his neck was pressed by lathi
danda, iron angle and also by iron pipe and was done to death.
Learned counsel submits that this development in the prosecution
story creates doubt. It is also submitted that this new story was
introduced after the availability of postmortem report wherein
cause of death was mentioned as deceased died due to throttling. It
is also submitted by learned counsel that in the statement of
injured persons there is no mention that accused applicant who
was armed with ‘KHURCHANA’ had pressed the neck of Ram
Vilas or ‘KHURCHANA’ was used in pressing the neck, as such, it
could be very well said that applicant did not participate in causing
any such injury which could result in death. The accused applicant
is in jail since 25.06.09 and has no criminal history as averred in
para 18 of the bail application.
Considering the facts and circumstances of the case, without
expressing any view on the merits of the case, let the accused
applicant Ashok Kumar be enlarged on bail in Case Crime No.
323/2009 u/S 147/148/323/307/302 I.P.C., P.S. Jaidpur, District
Barabanki on his furnishing a personal bond and two local and
reliable sureties each in the like amount to the satisfaction of the
court concerned/Remand Magistrate.
Order Date :- 11.8.2010
Kan