Durgesh Sethi vs State of U.P.

Ravindra Singh, J.

This application has been filed by the applicant Durgesh Sethi with a prayer that he may be released on bail in Case Crime No. 1256 of 2007 under sections 302, 307 IPC P.S. Kotwaly City Bijnor/ District Bijnor.

Heard Sri S.P. Tewari, Sri I.K. Chaturvedi, Sri G.S. Yadav, learned Counsel for the applicant and learned A.G.A. for the State of U.P. and Sri Shamsher Singh, learned Counsel for the complainant.

From the perusal of the record it appears that in this case the FIR of this case has been lodged by Sanjeev Verma on 5.8.2007 at 2.30 a.m. in respect of the incident which had occurred on 4.8.2007 at about 10.30 p.m. The distance of the police station was about two and half km. from the alleged place of occurrence. The applicant and two other coaccused are named in FIR. It is alleged that on 4.8.2007 at about 10.30 p.m. the deceased Vijay and his friend the deceased Banti @ Abhinav had gone to a restaurant and asked the applicant about the rates of the food items, after knowing the rates of the food they asked the applicant that you have opened a new restaurant but rates are too much then the applicant hurled the abuses when he was asked by the deceased persons not to abuse, the applicant and other coaccused caused injuries on the person of the deceased by using chhuri blows, were kept in the restaurant, one constable came in rescue, he was also assaulted by the applicant and other coaccused persons.

In the said incident two persons namely Vijay and Banti @ Abhinav have lost their lives but according to the postmortem examination report of the deceased Vijay Kumar had sustained six antemortem injuries in which injury No. 1 was incised wound, the injury No. 2 was abraded contusion, injury Nos. 3/4/5 and 6 were stab wounds. The deceased Abhinav had sustained two incised wounds as ante mortem injuries and the constable Anil Yadav had sustained one stab wound. There is an injured witness constable Anil Yadav is to support the prosecution witness and there is specific role of causing the injuries to the deceased and injured is assigned to the applicant. The gravity of the offence is too much, ho case for bail is made out, the prayer for bail is refused.

Accordingly, this application is rejected.