RAM MILAN Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is an application for bail moved on behalf of the applicant, Ram Milan, who is involved in Case Crime No. 798 of 2011, Under Sections 323, 452, 304 of I.P.C., Police Station - Khetasarai, District -Jaunpur. Heard Learned Counsel for the applicant as well as learned AGA for the State and perused the record.

(2.) LEARNED counsel for the applicant has contended that the applicant is innocent and has been falsely implicated due to enmity in the election of Pradhan. It is further contended that according to the FIR version itself, the applicant and deceased Ram Pher together were doing the work of cutting woods infront of wine theka. There happened some dispute between them and after getting intoxicated they committed mar -peet. It is alleged that subsequently the applicant alongwith others came to the house of the complainant and beat up his son, the deceased Ram Pher, with hockey and danda. According to FIR version itself, the deceased Ram Pher then slept and when he was found unconscious in the morning, he was taken to the hospital where he was declared dead. It is further contended that according to postmortem report, bluish contusion was found on his scalp and cause of death is shown to be head injuries. Learned counsel for the applicant has contended that the applicant and deceased Ram Pher were close friends and most of the times they were living together. The applicant also wanted to lodge an FIR of the correct version but when it was not registered by the police, he moved an application, under Section 156 (3) of Cr.P.C., and on the basis of the order passed by the learned Magistrate an FIR was registered as case crime No. 798A of 2011, under Sections 304, 452, 323, 504, 506 of IPC, at Police Station Khetasarai on 4.11.2011, in which he has stated the correct version about the injuries received by deceased Ram Pher in the occurrence committed by complainant and others at the house of the applicant. It is further alleged that in the said mar -peet, the applicant had also received abraded contusion and multiple abraded contusion on his scalp. It is also contended that in the FIR itself there is no allegation of any intention to kill the deceased. It is lastly contended that the applicant has no criminal history.

(3.) CONSIDERING the entire facts and circumstances of the case, nature of the allegations in the F.I.R. and all other materials available on record, the applicant may be released on bail. Let the applicant, Ram Milan involved in Case Crime No. 798 of 2011, Under Sections 323, 452, 304 of I.P.C., Police Station - Khetasarai, District -Jaunpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Magistrate concerned.