Final Order 3

Order Details: COPY OF ORDER
Pdf Text: Bail application No. 527/22
FIR No. 209/22
State v. (1) Ramanuj Rai &
(2) Sachin Rai
PS Naraina
U/s 302/34 IPC
20.04.2022
Present : Sh. Dharam Chand, Ld. Addl. PP for the State with IO.
Sh. Prabhat Kumar Rai, Ld. Counsel for accused/
applicants.
Sh. Rajiv Mohan, ld. Counsel for complainant.
This is an application for grant of bail moved on behalf of
the applicants.
The brief facts of the case as per the FIR are, that in the
intervening night of 18/19.03.2022, near Bharti Pan, PVR complex,
one Dharmender Rai, Akshay Rai and some other persons stabbed one
Shiva due to which he died.
In the bail application, it is submitted that the above
named persons have been named in the FIR only because they are the
sons of accused Dharmender Rai. It is an admitted fact that the
applicants came to the spot after occurrence of the incident. It is
further submitted that the applicants have been falsely implicated in
this case.
Page No. 3
(Parveen Singh)
ASJ03/NDD/PHC/ND/20.04.2022
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On the last date of hearing i.e. on 30.03.2022, ld. Counsel
for applicant had argued that the applicants were not present at the
spot at the time of incident.
On that day, IO was directed to produce the complete
video footage of the place of incident.
Today, a reply has been filed wherein it is submitted that
during investigation, CCTV footage of the place of occurrence was
collected and in the CCTV footage, it is clearly visible that since the
beginning of the quarrel till stabbing to the deceased, the applicants
alongwith other accused as well as CCL were present at the place of
incident and had actively participated in the quarrel. It is further
submitted that on 19.03.2022, complainant gave a supplementary
statement in which he stated that accused Dharmender took knife from
his pan shop, gave to JCL and instigated him to stab Shiva and at that
time all accused persons including the applicants were present. It is
further submitted that this supplementary statement of the complainant
is supported by the CCTV footage. It is further submitted that if
released on bail, the applicants may hamper the investigation.
Today, I have seen the CCTV footage of the place of
incident which has been brought by the IO. In the CCTV footage, at
the time of stabbing the deceased, as identified by the IO in the
presence of ld. Counsel for applicants, both the applicants are visible
Page No. 3
(Parveen Singh)
ASJ03/NDD/PHC/ND/20.04.2022
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at the place on incident.
Considering these facts and circumstances and the
seriousness of the offence, I do not find it a fit case for grant of bail
the applicants. The application at hand is accordingly dismissed.
(Parveen Singh)
Special Judge (NIA)
ASJ-03/NDD/PHC/ND/20.04.2022
Page No. 3
(Parveen Singh)
ASJ03/NDD/PHC/ND/20.04.2022
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