BHAGIRATH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants, Sri Vikas Sahai, the learned A.G.A. for the State and perused the record.

(2.) The present bail application has been filed by the applicants in Case Crime No. 144 of 2019, under Section 304 I.P.C., Police Station Afzalgarh, District- Bijnor with the prayer to enlarge them on bail.

(3.) For the purposes of evaluating the prayer for bail, the Court notes that although in the F.I.R. it was alleged that the applicants and another accused assaulted the deceased with sticks, in the 161 Cr.P.C. statement of the informant, they have proceeded to allege that they kicked the deceased. No specific role has been assigned to the applicants nor have they been ascribed to be the author of the injury which ultimately led to the demise. The applicants are otherwise stated to have no criminal history. It is further apprised that upon conclusion of the investigation a charge sheet has been submitted.