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2016 DIGILAW 2803 (ALL)

Afsar v. State of U. P.

2016-08-12

BACHCHOO LAL

body2016
JUDGMENT Bachchoo Lal,J. Sri Pradeep Kumar Bhardwaj, Advocate has filed vakalatnama on behalf of the complainant be taken on record. This bail application has been moved on behalf of the applicant Afsar who is involved in Case Crime No. 107 of 2016, under sections 304, 308, 323, 504, 506 IPC, P.S. Anupshahar, District Bulandshahar. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record. Learned counsel for the applicant submits that the FIR of the alleged incident has been lodged against four persons including the applicant making general allegation for committing marpeet with the deceased and injured persons. In first information report, no specific role has been assigned to the applicant. Thereafter, in their statements recorded under section 161 Cr.P.C. the witnesses Azad, Khanu and Asif have stated that the applicant has caused injury to the deceased on her head with danda. It has further been submitted that the statements of the witnesses Azad, Khanu and Asif are not believable. Only one injury has been found on the body of the deceased. The injuries of other injured persons are simple in nature. The applicant has not committed the alleged offence. False allegation has been made against the applicant. No incriminating article has been recovered from the possession of the applicant or on his pointing out. There is no criminal history against the applicant and is in jail since 13.4.2016. Per contra,learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that the applicant is main accused. Azad and Asif are injured witnesses and Khanu is eye witness of the alleged incident. In their statement recorded under section 161 Cr.P.C it has come that the applicant has caused injury to the deceased with danda. In postmortem report the cause of death of the deceased has been shown coma due to ante-mortem injury. The applicant has committed the alleged offence, therefore, the applicant is not entitled for bail. Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail. Consequently, the prayer for bail of the applicant Afsar is hereby refused and the bail application is rejected.