PRAYAGRAJ: The Allahabad high court granted bail to an accused in a murder case due to contradiction about the cause of death of the deceased. Further, the court also considered the time gap between the incident and death of the deceased who was hit by a bullet on May 27, 2021. However, he died on September 9,2021.
Justice Rajeev Misra allowed the bail plea of Anish alias Mithai.
An FIR was lodged on May 28, 2021 by first informant Bansnarayan Yadav (father of the deceased) and was registered as case crime no. 109 of 2021 for offence of attempt to murder at police station Karimuddinpur of Ghazipur.
In the aforesaid FIR, four persons namely Ajeet, Anish alias Mithai (applicant herein), Manish alias Pardeshi and Shashi alias Shashikant were named as accused.
It was alleged in the FIR that a scuffle took place between the first informant and the accused. Thereafter, a gun shot was fired by Ajeet, which missed. Subsequently, another gun shot was fired by Anish alias Mithal, which hit the stomach of the deceased. Later section 302 (murder) was added after the death of the deceased.
Tanisha Jahangir Monir, counsel for the applicant argued, “The incident giving rise to present criminal proceedings occurred on 27.05.2021. However, the deceased died on 08.09.2021. There is a contradiction with regard to the cause of death of the deceased. As per death certificate, the deceased died on account of cardio respiratory failure whereas as per the post-mortem examination report, the deceased died on account of septicaemia as a result of the injuries sustained by him.”
{{/usCountry}}Tanisha Jahangir Monir, counsel for the applicant argued, “The incident giving rise to present criminal proceedings occurred on 27.05.2021. However, the deceased died on 08.09.2021. There is a contradiction with regard to the cause of death of the deceased. As per death certificate, the deceased died on account of cardio respiratory failure whereas as per the post-mortem examination report, the deceased died on account of septicaemia as a result of the injuries sustained by him.”
{{/usCountry}}The court, while allowing the bail application, observed,” Having heard the learned counsel for applicant, the learned A.G.A. for state, the learned counsel representing first informant, upon consideration of evidence on record, accusations made as well as complicity of applicant coupled with the fact that the occurrence took place on 27.05.2021 whereas the deceased died on 08.09.2021, there being contradiction in the medical evidence with regard to cause of death of deceased but without expressing any opinion on the merits of the case, applicant has made out a case for bail, at this stage.”