Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34442 of 2019 Applicant :- Akash Kumar Maurya And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar,Sri I.K. Chaturvedi, Senior Adv.
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Sri Ashok Kumar Shukla, Advocate filed his Vakalatnama on behalf of the complainant is taken on recordj Heard learned counsel for the applicants, Sri Ashok Kumar Shukla, learned counsel for the complainant as well as Sri Hari Pratap Gupta, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against sixteen accused persons including the applicants alleging that on 16.6.2019 at 6.30 a.m. they assaulted Rajendra Pratap Singh and Ram Ji Ujjain (complainant). Rajendra Pratap Singh received two injuries, one on head, resultantly died. Injuries received by injured are simple in nature. The farsa/gandasa used in the crime was recovered at the pointing out of Ashok Kumar Maurya and he stated that Vikas Maurya assaulted the deceased on head with farsa/ganasa.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. There are general allegations against all accused persons expect co-accused Vikas Maurya. Main role of assault was assigned to co-accused Vikas Maurya. The case of applicants is distinguishable from the case of co-accused Vikas Maurya. There is no independent witness and no legal evidence against the applicants. Injuries received by injured are simple in nature. Offences levelled against the applicants are not attracted in the present case. They are languishing in jail since 10.7.2019 (one and half months) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no criminal history.
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 applicants Akash Kumar Maurya and Arun Kumar Maurya involved in Case Crime No. 78 of 2019, under Sections 302, 308, 307, 323, 324, 147, 504 IPC, Police Station Dokati, District Ballia be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
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 he is accused, or suspected, of the commission of which he is 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 him 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 :- 26.8.2019 OP