KRISHNA KANT RAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ajay Kumar Srivastava, learned counsel for applicant and learned A.G.A. for State.

(2.) Applicant-Krishna Kant Rai alias Raju Rai, has approached this Court by way of filing the present Criminal Misc. Bail Application under Sec. 439 Cr.P.C. after rejection of his Bail Application vide order dtd. 4/5/2021, passed by Additional Sessions Judge First, Ballia, in Case Crime No.211 of 2020, under Ss. 304, 504, 506 I.P.C., Police Station Sikandarpur, District Ballia.

(3.) Learned counsel for applicant submitted that according to available records there are two version of one occurrence. Initially the son of deceased informed Police, which was recorded in GD dtd. 10/11/2020 at 3.30 PM that his father, who went on field on 9/11/2020, was found dead on 10/11/2020 near Tube-well. Subsequently the wife of deceased lodged an FIR on 11/11/2020 at 10.40 AM alleging a different story that deceased went alongwith applicant on 8/11/2020, who himself informed her on 10/11/2020 that her husband is not well and when she reached at the place of occurrence she found her husband dead at the same place. Learned counsel for applicant further submitted that cause of death is not ascertained during post-mortem and Viscera is preserved, however, till date no report of Viscera examination is available. The allegations against applicant are only on the basis of suspicion. Genesis of occurrence is suppressed. Lastly, it is submitted that applicant has no criminal history and he is languishing in jail since 3/2/2021 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.