DEVENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri P.K. Singh, learned counsel for the applicant appearing through video conferencing, learned A.G.A. for the State and perused the record.

(2.) The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.276 of 2020, under Sections 323, 504, 302, 34 of I.P.C., Police Station-Sajeti, District-Kanpur Nagar after rejection of his Bail Application vide order dated 23.10.2020 passed by learned Sessions Judge, Ramabai Nagar (Kanpur Dehat).

(3.) Learned counsel for the applicant submits that initially N.C.R. was lodged on 30.09.2020 by the complainant-Shiv Ram alleging that on 30.09.2020 at about 11:00 a.m. when he was tying his buffalo outside his house, all the accused persons who are the neighbors started abusing and assaulted him and his wife by lathi and sticks, wherein both husband and wife were injured. Thereafter, on 03.10.2020 the complainant lodged an F.I.R. under Sections 323, 504 and 304 against the applicant and co-accused has mentioned same allegation as in the N.C.R. On 03.10.2020, wife of the informant succumbed to her injury at about 04:00 a.m. As per post mortem report, contusion was found all over occipital and parietal region. Cause of death was due to anti mortem head injury. The injured/deceased Shiv Ram was also medically examined who sustained three lacerated wound injuries. Learned counsel for the applicant further submits that there is no independent witness of alleged recovery of lathi-danda from the house of the applicant. There is no motive for applicant to commit such offence. It was a case of sudden provocation. Author of the fatal injury on the head of the deceased was not identified. The applicant has no other reported criminal antecedent and he is languishing in jail since 05.10.2020. There is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.