Sagar vs State Of U.P.

Raj Beer Singh, J

Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.

The present bail application has been filed by the applicant involved in Case Crime No.190 of 2021, under Sections 304, 323, 504 and 506 IPC, P.S. Robertsganj, District Sonbhadra with the prayer to enlarge him on bail.

It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It has been submitted that at the time of alleged incident applicant was sleeping at his home and that he was falsely implicated in this case and that applicant has no connection with co-accused persons. Earlier the uncle of first informant has filed a civil suit, being Civil Misc. Case No.224 of 2009 and that there is no independent witness of alleged incident and that at the time of alleged incident deceased was in drunken condition. Learned counsel has submitted that no recovery of any weapon has been shown from applicant. It was further submitted that applicant is languishing in jail since 02.05.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.

Learned A.G.A. has opposed the prayer for bail and argued that applicant is named in first informant report. It was stated that initially, first informant was assaulted by applicant and co-accused persons and when his family members came, they were assaulted with lathi and sticks and that father of informant later on died due to injuries sustained in the alleged incident and that five persons have sustained various injuries.

Perusal of record shows that applicant is named in the first information report. It is clear from record that injured Kalwati has sustained three injuries and one of the injury was bone deep lacerated wound. Injured Nand Kumar has also sustained four injuries, injured Brijesh Kumar has sustained three injuries and injured Suresh Prasad has sustained five injuries. Thus, it is apparent that besides the death of deceased, several persons have sustained injuries in the alleged incident.

Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Sagar is hereby rejected.