Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34173 of 2020 Applicant :- Afsar And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Niklank Kumar Jain,Rajesh Yadav Counsel for Opposite Party :- G.A.,R.K Singh Gaharwar
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants in case crime No. 189/2020, under Section 304 IPC, police station Jalesar, District Etah with the prayer to enlarge the applicants on bail.
It has been argued by learned counsel for the applicants that the accused-applicants are innocent and they have not committed any offence. It was submitted that the F.I.R. was lodged by the son of deceased alleging that all the four accused persons including applicants have assaulted the informant and his father with lathis and sticks. It was further submitted that in postmortem report of deceased, three injuries have been shown on the body of deceased and that out of them, one injury is at head of deceased and that there is no such specific evidence that which of the accused has caused the said fatal injury to the deceased. Learned counsel has submitted that the cause of death of deceased was stated septicemia with coma due to ante- mortem head injury. It was further submitted that regarding same incident, a cross-case was registered from the side of applicant and that two persons have sustained injuries from the side of applicant. Learned counsel has further submitted that similarly placed co-accused Jamal and Maqsad have already been enlarged on bail by coordinate Bench of this Court, copies of which have been produced and the same are taken on record. It has further been argued that the applicants are in judicial custody since 27.05.2020, having no criminal history and that in case, applicants are enlarged on bail, the applicants will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that applicants are named in the F.I.R. and that there is evidence that they were involved in the incident.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicants Afsar and Imran involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence during trial.
2. The applicants will not pressurize/intimidate the prosecution witnesses.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
Order Date :- 24.9.2021 Anand