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2012 DIGILAW 1860 (ALL)

Raja Singh v. State of U. P.

2012-08-22

NAHEED ARA MOONIS

body2012
Naheed Ara Moonis, J.;— Counter-rejoinder affidavits have already been exchanged between the parties and are on the record. 2. Heard the learned counsel for the applicant, the learned counsel for the complainant, the learned AGA and perused the record. The present bail application has been moved by the applicant Raja Singh in case crime no.122 of 2010, under Sections 147, 148, 149, 302/34, 506 IPC, P.S. Moosa Nagar, District Kanpur Dehat, with a prayer that he may be admitted to bail. 3. The prosecution case in a nutshell is that on 29.6.2010 at about 7:00 pm the applicant, Raja Singh and his brothers, Vijay Singh and Pralay Nath alias Bauwa along with Ram Asrey and one unknown person, armed with axe, banka and spade, assaulted the father of the complainant, the complainant tried to save his life and ran away from the spot. The complainant's father succumbed to injuries. The first information report was lodged on the next day i.e. 30.6.2010 at about 8:00 a.m. According to the prosecution case, the applicant armed with banka, while the co-accused Vijay Singh and Pralay Nath alias Bauwa armed with spade, Ram Asrey armed with axe and one unknown person had also armed with banka. All the accused persons have been assigned the role of assaulting the complainant's father with their respective weapons. 4. Submission of the learned counsel for the applicant is that from the bare perusal of the first information report, it appears that general role of causing injuries have been assigned to all the accused persons by banka, spade and axe. No specific role has been assigned to the applicant. There is contradiction in the statement of the witnesses with the prosecution case. The applicant has been falsely implicated in the case due to previous enmity. There is no public witness of the occurrence to support the prosecution case. There is a great delay in lodging the first information report of which there is no plausible explanation. 5. Further submission is that it is a night incident and no one has seen the actual assailants, there was no source of light. The applicant has been roped in falsely. The applicant is in jail since 9.7.2010, and in case he is enlarged on bail he will not misuse the liberty of bail. 6. 5. Further submission is that it is a night incident and no one has seen the actual assailants, there was no source of light. The applicant has been roped in falsely. The applicant is in jail since 9.7.2010, and in case he is enlarged on bail he will not misuse the liberty of bail. 6. Per contra, the learned counsel appearing on behalf of complainant has contended that, the applicant has been assigned specifically that he was having banka at the time of incident. According to the postmortem report, as many as fifteen injuries were found on the person of the deceased, beside abrasions and contusions. The deceased was brutally assaulted by the applicant and other accused persons. Specific role has been attributed to the applicant in the commission of offence, along with other accused persons, who were having a common intention in furtherance of common object to kill the complainant's father, therefore, at this stage it cannot be said that the applicant was not involved in the incident. There are eye witnesses including the complainant who have specifically stated about the role played by the applicant and other accused persons. An independent witness Sunder has also been examined, who had fully supported the prosecution case. Till date as many as six prosecution witnesses have already been examined and the trial is proceeding. In case the applicant is enlarged on bail he will try to intimidate the witnesses and will try to abscond, therefore, the applicant does not deserve to be enlarge on bail. 7. I have considered the rival submissions made by the learned counsels for the parties advanced at the bar. The applicant has been attributed specific role of causing injury with banka, along with other accused persons who were armed with banka, spade and axe. The prosecution case is consistent with the postmortem report, wherein fifteen injuries have been found on the person of the deceased. The trial is also proceeding and is now at the fag end. The gravity of offence is too much, in which the applicant is involved,, as such it is not proper to make any comment upon the merits of the case, with regard to the granting or rejecting bail, which will effect the mind of the trial judge, who is expected to scrutinize the evidence in depth. The gravity of offence is too much, in which the applicant is involved,, as such it is not proper to make any comment upon the merits of the case, with regard to the granting or rejecting bail, which will effect the mind of the trial judge, who is expected to scrutinize the evidence in depth. I do not find it is a fit case for bail, therefore, the bail application is rejected. 8. However, the trial court is directed to proceed with the case and conclude the trial expeditiously on its merit, applying provision of Section 309 Cr.P.C., uninfluenced by any observation made herein above, provided that the accused-applicant shall cooperate with expeditious disposal of trial. _____________