Allahabad High Court
Abhishek Mishra vs State Of U.P. on 13 July, 2022
Author: Mohd. Aslam
Bench: Mohd. Aslam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25888 of 2019 Applicant :- Abhishek Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Brij Kishore Pandey,Jitdendra Kumar Shukla,Satish Kumar Tyagi Counsel for Opposite Party :- G.A.,Ran Vijay Singh Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicant, learned counsel for the informant as well as learned A.G.A. for the State and perused the record.
The instant application has been moved on behalf of applicant- Abhishek Mishra with a prayer to enlarge him on bail in Case Crime No. 100 of 2019, under Sections 147, 148, 149, 120-B, 302, 34 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station- Shivpur, District- Varanasi, during pendency of trial.
In brief, the prosecution case is that for the incident dated 24.02.2019, the F.I.R. has been lodged by the informant-Randheer Singh @ Rana against four named and unknown person alleging therein that on 24.02.2019, he along with his brother went to Uday Pratap Swamant Shashi College, Varanasi to meet his younger son namely, Vivek (deceased), who resided in room no.10 of P.G. Hostel and after meeting, when the deceased was coming to see them off near the gate of P.G. Hostel, Anupam Namwanshi @ Kundan, Ankit Singh Sengar, Rahul Rajpoot, Pawan Singh Chintoo and other 4-5 boys were standing there. Anupam called Vivek (deceased) and as soon as he reached near them, on being instigated by Anupam, all of them started firing on him. The informant some how managed to save himself and took the deceased to Pandit Deen Dayal Hospital, where doctor declared him dead.
It has been submitted by learned counsel for the applicant that the applicant is wholly innocent and he has been falsely implicated in the present case due to ulterior motive. The applicant is not named in the first information report. It is further submitted that two other co-accused persons namely Shivam Singh @ K.J. and Kundan Singh have been enlarged on bail by the coordinate Bench of this Court vide orders dated 23.10.2019 and 31.01.2020 passed in Criminal Misc. Bail Application Nos. 40532 of 2019 and 55767 of 2019, respectively. The case of the applicant is at par with that of the aforesaid co-accused persons who were also not named in the first information report. Therefore, the applicant, who is languishing in jail since 03.03.2019, having no other criminal antecedents to his credit, deserves to be enlarged on bail, during the pendency of trial.
Per contra, learned counsel for the informant as well as learned A.G.A. for the State have vehemently opposed the bail application and submitted that though the applicant is not named in the first information report, but the name of the applicant came into light in the statement of eye-witness Abhishek Singh. The role of firing is attributed to the accused-applicant. Post mortem on the body of the deceased was conducted on 25.02.2019 and following 11 ante-mortem injuries were found:-
"(i) Fire arm injury wound size 5 c.m. x 0.5 c.m. indian end totting mark 5 c.m. all over present of left ear, 160 c.m. from left head in caving deep.
(ii) Fire arm injury wound to second injury left side of face 0.5 intimate 7 c.m. from top of nose left side.
(iii) Fire arm exit wound 2 c.m. in damesh on Rt. side of eye brow 4 c.m. from left 163.
(iv) Entry wound swelling with blacking over left eye.
(v) Fire arm injury wound 0.5 c.m. indramis swelling of 2 c.m. in dimension wound axis to wound of 10 c.m., 22 c.m. from mid side 133 c.m. from left wound cavity deep.
(vi) Fire arm injury to 6th injury wound 0.5 c.m. duration of left.
(vii) Fire arm injury wound size 0.5 c.m. x 11 c.m. from left nipple 13 c.m. from middle side 2 c.m. from axillary cavity.
(viii) Fire arm injury wound 0.5 c.m. x 2 c.m.
(ix) Fire arm injury left nipple 0.5 c.m. abdominal of left arm 17 c.m.
(x) Injury wound 10th injury wound size 13 c.m. below 0.5 c.m. duration 3 c.m. below.
(xi) Fire arm injury wound 1.5 c.m. in back of Rt. chest 16 c.m."
It is further submitted that the case of the applicant is not at par with that of co-accused Kundan Singh and Shivam Singh @ K.J. I have gone through the file. Although the applicant is not named in the first information report, but from the perusal of evidence available on record it appears that the role of firing is attributed to the present accused-applicant.
Having heard learned counsel for the parties as well as learned A.G.A. for the State, considering the overall facts and circumstances of the case and gravity of injuries, I do not find any ground to enlarge the applicant on bail. Therefore, the prayer to enlarge the applicant on bail is, hereby, refused.
Accordingly, the present bail application stands rejected.
Order Date :- 13.7.2022 Vikas