AMINUDDIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, at whose behest FIR No. 438 of 2019 dtd. 10/7/2019 came to be registered at Police Station Kasganj, District Kasganj, Uttar Pradesh for offences under Ss. 147, 148, 149, 302, 352 and 34 of the Indian Penal Code, 1860['IPC, for short.], has preferred this appeal by permission and by special leave, in challenge to the order dtd. 3/12/2020, as passed by the High Court of Judicature at Allahabad in Criminal Misc. Bail Application No. 20894 of 2020.

(3.) Briefly put, the relevant background aspects of the matter are as follows: The appellant had lodged the First Information Report on 10/7/2019 at about 09:08 p.m. with the allegations that his son Danish was attacked with knife and sharp weapons by as many as 7 persons when he was coming from his house for milking the cattle. It was further alleged that the victim Danish sustained grievous injuries because of such assault and died on the spot. Two persons, Nisar and Jalil, were said to be the eye-witnesses to the incident. As many as 8 ante-mortem injuries were detected on the person of the deceased, most of which had been either incise wounds or stab wounds on and around the neck and the chest. One of the accused persons, Imran, was arrested on 11/7/2019. As per the assertion of the Investigating Officer, the other accused persons, including the present respondent No. 2, remained absconding where for, non-bailable warrants and then, even proclamation under Sec. 82 of the Code of Criminal Procedure, 1973 were issued. The other accused persons surrendered or were apprehended on different dates. The respondent No. 2 surrendered on 2/9/2019.