Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33810 of 2019 Applicant :- Angad Paswan Opposite Party :- State Of U.P.
Counsel for Applicant :- Rudra Kant Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as Smt Ladlee Pandey, learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against Laxmikant Yadav, Vijaikant Yadav and three unknown persons riding on two motorcycles and one tractor alleging that on 15.3.2019 they assaulted Mohan Ram, Van Rakshak who received two injuries(contused swelling on head) and died. During investigation, names of Lakshman, Angad and Santosh Harijan were surfaced.
It is submitted by learned counsel for the applicant that co- accused namely Santosh Harijan has already been granted bail by this Court vide order dated 17.7.2019 in Criminal Misc. Bail Application No. 28349 of 2018, since the role of the applicant is not distinguishable with the role of co- accused, therefore, the applicant is also entitled for bail. The applicant is languishing in jail since 17.7.2019 (more than one month) having no criminal history. He was not named in the FIR. His name was surfaced after two days on the statement of complainant after thought with legal consultation. He has been falsely implicated on the basis of suspicion. Only two injuries were found on head of deceased. General role is alleged to have been assigned to all the accused and it is not clear as to who was author of having caused fatal injury resulting in death of deceased. Nothing has been recovered from the applicant. There is no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned AGA opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Angad Paswan involved in Case Crime No.10 of 2019, under Section 147, 148, 149, 302, 332, 427, 506 IPC, Police Station Raipur, District Sonbhadra 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 applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant 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 applicant 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 :- 21.8.2019 A. Singh