MANNO LAL JAISWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment(s) and order(s) dated 06.10.2020 passed by the High Court of Judicature at Allahabad in Criminal Misc. Bail Application Nos. 6294 of 2020 and 7992 of 2020 by which the High Court has released respective respondents No.2 herein on bail in connection with Case Crime No.203 of 2019 for the offences punishable under Sections 147, 148, 149, 323, 504, 506, 302, 307 and 34 of the IPC, P.S. Barhaj, District Deoria, the original informant/complainant - father of the deceased has preferred the present appeals.

(2.) That the appellant herein lodged an FIR against respective respondents No.2 and others for the offences punishable under Sections 147, 148, 149, 323, 504, 506, 302, 307 and 34 of the IPC for murder of his son. Respective respondents No.2 - accused applied to release them on bail before the learned Sessions Courts/Additional Sessions Judge, Deoria. By detailed judgment(s) and order(s) dated 19.11.2019 and 22.01.2020, the learned Sessions Courts rejected the said bail applications after perusing the case dairy and other documents. The learned Sessions Courts observed that the accused persons are named in the FIR and it has been alleged that all the accused persons with a common intention attacked the deceased by sword, hockey, stick and rod and killed the son of the complainant. The learned Sessions Court noted that in the statement of witnesses recorded under Section 161 Cr.PC the relevant witnesses have given evidence in support of the incident. That thereafter respective respondents No.2 approached the High Court by way of present applications under Section 439 Cr.PC to release them on bail. By the impugned judgment(s) and order(s), the High Court applied the wrong facts (which has been demonstrated hereinbelow) and has released respective respondents No.2 on bail.

(3.) Feeling aggrieved and dissatisfied with the impugned judgment(s) and order(s) passed by the High Court releasing respective respondents No.2 on bail, the original complainant - father of the deceased has preferred the present appeals.