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2017 DIGILAW 863 (ALL)

Paras Dixit v. State of U. P.

2017-03-27

AMAR SINGH CHAUHAN

body2017
JUDGMENT Amar Singh Chauhan, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. By means of this application, the applicant, Paras Dixit, who is involved in Case Crime No. 433 of 2016 under sections 147, 304 IPC Police Station Naubasta, District- Kanpur Nagar, is seeking enlargement on bail during the trial. It is submitted by the learned counsel for the applicant that the alleged incident said to have been taken place on 26.06.2016 at about 12 P.M.and an F.I.R to this effect was lodged by the informant on 28.06.2016. The police received an information through Suraj Kumar Mishra that a unknown dead body lying near the road. It is alleged in the F.I.R. by the informant that on 26.06.2016 at about 12 P.M. in the night some altercation was taken place between the deceased and his sister-in-law namely Maya Bajpai. Thereafter, Maya Bajpai left her house and went to house of her sister where she informed about incident. The statement recorded under section 161 Cr.P.C. it is stated by Ansh Bajpai (child witness) that he was sleeping with his mother and other brother and sister in the house. He further stated that in the night deceased started quarrel with his mother thereafter his mother alongwith his sister went to house of his mausi. After sometime deceased went to house of his mausi along with him. Thereafter, applicant and his mother and other brothers namely Mukul, Shanu and Ankur pelted brick over the deceased by which he sustained injury and died on the spot. In the post mortem report cause of death is shock and hemorrhage as a result of Ante Mortem Injuries. On the body of the deceased five injuries were present viz. 1. Incised wound 4cm. x 1cm. x bone deep and under lying bone fracture, 2. Incised wound 3cm. x 1cm. x bone deep left side forehead, 3. Lacerated wound 3cm x 2cm x bone deep left side forehead, 4. Abraided contusion 2cm. x 1cm. at left side face, 5. Lacerated wound 10cm x 5cm over occipital area. It is further submitted that there is no eye witness account as to who has caused the incised wound being fatal injury to the deceased. Though the piece of brick was recovered on the joint pointing out of the applicant and co-accused Mukul Dixit. x 1cm. at left side face, 5. Lacerated wound 10cm x 5cm over occipital area. It is further submitted that there is no eye witness account as to who has caused the incised wound being fatal injury to the deceased. Though the piece of brick was recovered on the joint pointing out of the applicant and co-accused Mukul Dixit. Moreover, the applicant has no reported criminal antecedents to his credit and is in jail since 02.07.2016. The prayer for bail has been vehemently opposed by learned A.G.A. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. Let the applicant, Paras Dixit, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 433 of 2016 under sections 147, 304 IPC Police Station Naubasta, District- Kanpur Nagar, subject to the following conditions: - (a) The applicant shall attend the court according to the conditions of the bond executed by him. (b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.