AMINUDDIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Invoking the jurisdiction of this Court under Article 136 of the Constitution, the informant at whose behest FIR No 438 of 2019 was registered on 10 July 2019 at Police Station Kasganj, District Kasganj, U.P., has moved this Court aggrieved by the order of the learned Single Judge dated 25 February 2020 granting bail to the second respondent.

(3.) Briefly stated, the First Information Report was registered at the behest of the appellant who is the father of the deceased. The FIR states that on 10 July 2019 at about 5.15 pm, the son of the appellant was proceeding for the purpose of milking the cattle, at which stage, seven persons residing on the same street attacked him with knives, as a result of which he sustained serious injuries and died on the spot. A postmortem report was conducted at 1 am on 11 July 2019. As many as eight ante mortem injuries were detected. The statement of the appellant was recorded on 11 July 2019. After the arrest of one of the accused, Imran, on 11 July 2019, the Investigating Officer is stated to have made efforts between 12 and 27 July 2019 to apprehend the other accused, but the remaining accused were absconding. On 30 July 2019, a non-bailable warrant was issued. On 2 August 2019, a proclamation was issued under Section 82 of the Code of Criminal Procedure 1973. Among the other accused, the second respondent surrendered before the court on 29 August 2019. On 31 October 2019, the application for bail moved on behalf of the second respondent was rejected by the Sessions Judge, Kasganj. The learned Sessions Judge observed thus: