Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22601 of 2019 Applicant :- Akhilesh Awasthi And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Bahadur Singh,P.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 11.2.2019 (after seven days of incident) against three accused persons, namely Akhilesh Awashthi, Brejesh Awashthi and Shyamu Shukla alleging that on 4.2.2019 they assaulted Sohanlal, he received four injuries, two on head, resultantly died.
It is submitted by learned counsel for the applicant that co- accused namely Shyamu Shukla @ Ramakant has already been granted bail by this Court vide order dated 20.5.2019 in Criminal Misc. Bail Application No. 20860 of 2019, since the role of the applicants is not distinguishable with the role of co-accused, therefore, the applicants are also entitled for bail. The applicants are innocent and have been falsely implicated in the present case. There are general allegations against all accused persons. It is not clear from the prosecution case, who is the author of head injuries due to which he died. There is no independent witness and no legal evidence against the applicants. Offences levelled against the applicants are not attracted in the present case. They are languishing in jail since 13.2.2019 (more than three 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 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 Akhilesh Awasthi and Brijesh Awasthi involved in Case Crime No. 38 of 2019, under Sections 323, 504, 304 IPC, Police Station Hussainganj, District Fatehpur 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 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 court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2019 A. Singh