AJAY KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) List revised.

(2.) Heard Sri Janardan Yadav, learned counsel for the applicant, Sri Shailesh Kumar Pandey, learned counsel for the first informant, Sri Ajay Singh, learned AGA for the State and perused the material on record. This bail application under Sec. 439 of Code of Criminal Procedure has been filed by the applicant Ajay Kumar, seeking enlargement on bail during trial in Session Case No. 388 of 2023, Case Crime No.138 of 2019, under Ss. 302, 323 I.P.C. registered at P.S. Mubarakpur, District Azamgarh.

(3.) Learned counsel for the applicant argued that the applicant was previously granted bail by Sessions Judge concerned vide order dtd. 11/9/2019 passed in Bail Application No.1676 of 2019, Ajay Kumar vs. State of U.P., in the present case for the offences under Ss. 307, 504, 506 I.P.C., copy of the said order is annexure no. 12 to the affidavit. It is argued that the said order was passed after the Investigating Officer was heard, report of police station and case diary were perused by the court concerned as is evident from the said order. It is argued that Ravi Kumar is the deceased in the present matter who died after one month and 16 days of the incident during treatment. It is argued that his post mortem examination was conducted on 16/7/2019 in which the doctor could not ascertain the cause of death and hence viscera was preserved. It is argued that the doctor could not find any ante mortem injury on his body and as such death of the deceased was natural. Learned counsel for the applicant argued that the Investigating Officer had submitted charge sheet dtd. 27/8/2019 against Ashish, Anand and Ajay (present applicant) under Sec. 307, 504, 506, 323 I.P.C., copy of the charge sheet has been placed before the Court which is annexure no. 13 to the affidavit. It is argued that much later Sec. 307 I.P.C. was converted to Sec. 302 I.P.C. in the matter without any cogent evidence. It is argued that bail was granted to the applicant by the concerned Sessions Judge is after death of the deceased Ravi Kumar. It is argued that co-accused Shani Kumar has been granted bail by a co-ordinate Bench of this Court vide order dtd. 23/2/2023, copy of the said order has been produced before the Court which is taken on record. It is argued that Shani Kumar was not charge sheeted and in the charge sheet it was mentioned that his arrest is pending and as such investigation for him is continuing. It is argued that the applicant has no other criminal antecedents as stated in para- 24 of the affidavit and is in jail since 23/5/2023.