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2021 DIGILAW 712 (ALL)

Ram Jane @ Vikash Soni v. State of U. P.

2021-07-22

ALOK MATHUR

body2021
JUDGMENT : 1. Heard Shri O.P. Tiwari, learned counsel for the applicant, learned Additional Government Advocate on behalf of the State. 2. Present application for bail under Section -439 CrPC has been moved by the applicant -Ram Jane @ Vikash Soni who is accused in case crime no.468/2019 (S.T. No.288/2019), under Section -302 IPC, registered at police station - Ganga Ghat, District - Unnao. 3. It has been submitted by the learned counsel for the applicant that the FIR was lodged by the complainant stating that his father who was opposing the marriage of the applicant “Ram Jane” with the daughter of ‘fufa’ of the applicant, was assaulted by Satish Soni and Ram Jane in front of the shop of Chhedi Pasi. Both these persons seriously injured the father of the complainant and when he fell down seriously wounded then they jointly threw a brickstone over his head due to which he sustained serious injuries and succumbed to injuries on the spot. The postmortem report also reveals multiple serious injuries including multiple fracture of the forehead which collaborates with the story of the FIR that he was brutally assaulted with heavy stone. It has been submitted by the learned counsel for the applicant that, in fact, the deceased himself was convict in an earlier case and in all probabilities he has been assaulted by certain unknown persons associated with his criminal antecedents. 4. Learned Additional Government Advocate on the other hand opposed the bail application and submitted that the statement of the prosecutrix was recorded under Section – 161 CrPC where she has reiterated the allegations made in the FIR and apart from that she has named three other individuals namely Ashok Gupta, Atul Pandey and Abhishek Agarwal as the eyewitness of the said incident. The statement of the said eyewitnesses have also been recorded during the investigation and annexed with the counter affidavit. All the statements are more or less identical and it is stated that all these persons had witnessed Satish Soni and Ram Jane assaulting the deceased with fists and subsequently he was hit with the brickstone. It has further been brought on record that the stone which was used by the assailants/ applicants has been recovered on their pointing out along with the clothes having blood and the same have been sent for forensic analysis but the report is awaited. 5. It has further been brought on record that the stone which was used by the assailants/ applicants has been recovered on their pointing out along with the clothes having blood and the same have been sent for forensic analysis but the report is awaited. 5. I have heard learned counsel for the parties and perused the record. 6. Looking into the gravity of the offence as well as the role of the applicant which has been brought for as per the version of the FIR and the statements of the independent witnesses recorded during the investigation, I am not inclined to grant bail. 7. With regard to the statement of independent witnesses recorded during the evidence, it has been submitted by the learned counsel for the applicant that all the witnesses have filed application in the competent Court of jurisdiction denying the said statement. Undoubtedly, these affidavits have no significance at this stage and it is only during trial after the statements are recorded any cognizance at the same may be taken. 8. The present application for bail is being decided on the material on record and is rejected. It is being submitted by the learned counsel for the applicant that the trial is pending since 2019 without any progress in the case. The trial court below is directed to expedite the trial and not to adjourn the case without any cogent reason.