Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15590 of 2018 Applicant :- Ajeet Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against four accused persons, namely, Rajendra, Ajeet, Azaad and Ram Rahees alleging that on 03.12.2017 they assaulted Lal Jeet, he received injuries and after 38 days he died; initially F.I.R. was lodged under Sections 325 and 323 I.P.C. after death of deceased Section 304 I.P.C. was added.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; general role has been assigned against all the accused persons; the deceased was died due chest injury; it is not clear that who is the author of that injury; he further stated that the cause of death of the deceased is septicaemia shock due to underlying disease; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 25.01.2018(more than three months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, 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 the applicant Ajeet involved in the Case Crime No.2661 of 2017, under Sections 323, 325, 304 I.P.C., P.S. Sindhauli, District Shahjahanpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 court below shall be at liberty to cancel the bail.
Order Date :- 26.4.2018 A. Tripathi