AMIT KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Supplementary affidavit filed today in Court is taken on record.

(2.) This Revision is directed against an order of Sri Pramod Kumar Srivastava-II, the then Additional Sessions Judge, Court no.1, Ballia, dated 18.05.2019 passed in Criminal Appeal no.23 of 2019, dismissing the said appeal and affirming an order of the Juvenile Justice Board, Ballia, dated 12.04.2019, rejecting the revisionist's bail plea in Misc. Case no.10 of 2019, arising out of Case Crime no.515 of 2018, under Sections 147, 148, 149, 323, 504, 506, 304, 308 IPC, P.S. Kotawali, District Ballia.

(3.) It appears that there are general allegations of assault against unknown offenders in the FIR lodged by Neeraj Dixit on 18.12.2018. He has said in the FIR that in the night of 17/18.12.2018 at about 12 O' clock, 6 - 7 persons armed with sticks (danda, hockey stick and rod) came over to his shop and inquired about his whereabouts. The informant's uncle, Guddan Tiwari informed those unwelcome visitors that the revisionist was away. Thereupon, the assailants hurling abuses, beat up his uncle and struck him employing the weapons they were carrying. Upon call for rescue, the neighbouring shop keepers intervened and dissipated the assault. Guddan Tiwari was taken to Hospital, where he succumbed to his injuries. It transpires that in the statement of the informant under Section 161 Cr.P.C. recorded soon after the FIR also, no one was named. However, in the statement that was recorded under Section 161 Cr.P.C. 15 days later, the name of the revisionist and the other co-accused, numbering a total of seven, was disclosed.