Bail can be granted if the nature of alleged offenses does not justify custodial detention, particularly when the accused has clean antecedents and no immediate act causing fatal consequences is established.

JUDGMENT

Rajeev Misra, J.

Heard Mr. Sunil Kumar Dubey, the learned counsel for applicant, the learned A.G.A. for State and Mr. Rajiv Sisodia, the learned counsel representing first informant.

2. Perused the record.

3. This application for bail has been filed by applicant-Ramkesh, seeking his enlargement on bail in Case Crime No. 307 of 2022, under Sections 323 , 304, 308, 504, 506 IPC, Police StationBaccharayun, District-Amroha during the pendency of trial.

4. Record shows that in respect of an incident, which is alleged to have occurred on 25.11.2022, a prompt FIR dated 25.11.2022 was lodged by first informant-Mohit Kumar and was registered as Case Crime No. 307 of 2022, under Sections 323 , 504, 506 IPC, Police Station-Baccharayun, District-Amroha. In the aforesaid FIR, applicant-Ramkesh Singh has been nominated as solitary named accused.

5. The gravamen of the allegations made in the FIR to the effect that named accused assaulted the maternal grandmother (Nani) of the first informant namely Naththho Devi on account of which, she sustained injuries. The FIR further states that Mausi of the first informant namely Rakesh Devi was also abused and assaulted by the applicant.

6. After above-mentioned FIR was lodged, Investigating Officer proceeded with statutory investigation of concerned case crime number in terms of Chapter-XII Cr.P.C. Unfortunately, the injured Naththho Devi succumbed to the injuries sustained by her on 27.11.2022. The information regarding the same was given to the Investigating Officer. Resultantly, the case was converned under Section 304 IPC.

7. Subsequent to the above, the inquest (Panchayatnama) of the body of deceased was conducted. In the opinion of the witnesses of inquest (Panch witnesses), the nature of death of deceased was categorized as homicidal and the cause of death of deceased was said to be head injury sustained by the deceased. Thereafter, the post mortem of the body of deceased was conducted. The Autopsy Surgeon, who conducted autopsy of the body of deceased, came to the conclusion that the death of deceased has occurred on account of Coma, Cardio Respiratory Arrest due to ante mortem injuries (Head injuries) The Autopsy Surgeon found followinig antemortem injuries on the body of deceased:-

"1. Stitched wound of size 6.5 cm over Lt. side of forehead, Just above (Lt.) eyebrow.

2. Stitched wound of size 2 cm over Lt. side of face.

3. Stitched wound of size 1.5 cm over Lt. Ear pinna to Lt. side face.

4. Stitched wound of size 2.5 cm over Lt. ear to be to pinna.

5. Stitched wound of size 7 cm over Rt. side of head 7 cm above Rt. Ear.

6. Lacerated wound of size 4 cm x 1 cm bone deep over Lt. side of skull 5 cm away for Lt. ear."

8. During course of investigating, Investigating Officer examined first informant and other witnesses under Section 161 Cr.P.C. Witnesses so examined have supported the FIR. On the basis of above and other material collected by Investigating Officer during course of investigation, he came to the conclusion that complicity of applicant is fully established in the crime in question. He, accordingly, submitted the charge sheet dated 09.12.2022 whereby applicant has been charge sheeted under Sections 323 , 304, 308, 504, 506 IPC.

9. Learned counsel for applicant contends that though applicant is a named as well as charge sheeted accused yet he is liable to be enlarged on bail. He has invited the attention of Court to the FIR and on basis thereof, he submits that in the occurrence giving rise to present criminal proceedings, the deceased had not sustained any grievous or fatal injury inasmuch as, the FIR was registered under Section 323 IPC etc. and not under Sections 307 , 308 or 324 IPC. Reference was then made to the post mortem repo