Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25243 of 2019 Applicant :- Ajeet Maurya And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Prakash Shukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. They have not committed the present offence. Entire prosecution story narrated in the F.I.R. is false. Deceased was cutting branch of Neem tree and during that process he fell down and received injury on his head. It is next contended that four persons are said to be involved in the present matter but only one injury is found on his head. Prosecution has not cleared as to who caused the said injury. Referring to above facts and also the medical evidence, it is also submitted that offence under Section 304 IPC is not attracted in the present matter. Applicants have no criminal history. They are languishing in jail since 25.4.2019 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Ajeet Maurya and Phoolvas Maurya involved in Case Crime No. 129 of 2019, under Section 304 IPC, P.S. Cholapur, District - Varanasi be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 25.6.2019/safi