Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53751

of 2021

Applicant :- Janeman Bind And Another

Opposite Party :- State of U.P.

Counsel for Applicant :- Manoj Kumar Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Ali Zamin,J.

Heard Shri Manoj Kumar Mishra, learned counsel for the

applicants, learned A.G.A. for the State through virtual mode

and perused the material on record.

The present bail application has been filed by the applicants

with a prayer to enlarge them on bail in Case Crime No.409 of

2021, under Section 304 I.P.C., Police Station Rohaniya,

District Varanasi.

Learned counsel for the applicants submits that according to the

F.I.R. version, on 18.08.2021 at about 9:30 p.m., Dharmendra

@ Kallu went at the shop of Janeman where an altercation took

place on the point of price of the goods with Janeman S/o Om

Prakash, on which his brother Nirhu, Omprakash and Jitendra

beat him (Dharmendra @ Kallu) by lathi, danda & kicks and

fists due to which he received internal injuries and on the next

day i.e. on 19.08.2021, he was taken for treatment in Gyan

Vishnu Hospital, Chitaipur, where doctor after conducing X-

Ray and Ultrasound told that his intestine has ruptured and on

20.08.2021 at about 1:30 noon at his house he died. He further

submits that as per post-mortem report, no ante-mortem injury

has been found and cause of death has been found due to

septicaemic shock due to peritonitis (wall evidence of jejunal

perforation). As per statement of Dr. Devendra Kumar, Medical

Officer, he stated that no ante-mortem injury has been found

and hole in a small intestine's jejunal was found due to which

intestine was ruptured and pus was also found in the lungs and

he died due to old laceration in his weak intestine. He further

submits that as per the statement of wife of the deceased, in the

next morning at about 5:00 a.m., when he went for taking water

in the tap, she found him lying. He further submits that as per

the F.I.R. version, he could not be taken to hospital due to late

night but it appears that he fell down near the tap, on account of

which he received injuries and died. He further submits that

there was no independent eye-witness of the incident and he has

falsely been implicated in this case. There is no possibility of

the applicant of fleeing away from the judicial process or

tampering with the witnesses and, in case, the applicant is

enlarged on bail, the applicant shall not misuse the liberty of

bail. It is next contended that there is no criminal history of the

applicant and he is languishing in jail since 06.09.2021.

Per contra, learned A.G.A. has opposed the bail prayer of the

applicants by submitting that the wife of the deceased stated

that he often sat on the shop of the applicant and on 18.08.2021

at about 8:00 p.m. she went at the shop but did not find him but

in the next morning at about 5:00 a.m., when she went for

taking water in the tap, she found her husband fallen on the side

of road and moaning in pain, at once she came back and told to

her jeth and reached the spot with him and on asking about the

incident, her husband told that an altercation took place with

applicants- Janeman & Jitendra on the point of price of the

goods and they beat him by kicks and fists and also pressed by

riding on his stomach.

Considering the facts and circumstances of the case as well as

submissions advanced by learned counsel for the parties, as per

F.I.R. version deceased was beaten by lathi, danda & kicks and

fists and as per statement of the wife of the deceased dated

25.08.2021, he was beaten by kicks and fists and also pressed

by riding on his stomach, post-mortem report, statement of

doctor and also perusing the material on record, without

expressing any opinion on merit of the case, the applicant is

entitled for bail, let the applicants- Janeman Bind & Jitendra

Bind involved in aforesaid case crime be released on bail on his

furnishing a personal bond and two l