Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45833 of 2018 Applicant :- Anil Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely Suresh Pal, Anil Kumar, Pradeep and Mauji Lal alleging that on 25.8.2018, they assaulted Angad. He received seven injuries; two were on head caused by Suresh Pal, resultantly died.
Learned counsel for the applicant submitted that co-accused Mauji Lal and Pradeep Kumar Pal have been enlarged on bail by co-ordinate Bench of this Court vide orders dated 20.3.2017 and 10.5.2017 in Criminal Misc. Bail Application Nos. 6450 of 2017 and 16397 of 2017 and the case of the applicant is identical to the case of co-accused who have been enlarged on bail; hence the applicant is also entitled for the same benefit; the applicant has been falsely implicated in this case; the applicant is languishing in jail since 24.10.2018 (more than one month); having no previous criminal history; there was no intention or motive to kill the deceased; main role has been assigned by Suresh Pal; no offence under Section 308 I.P.C. is made out against the applicant; initially the final report was submitted and later on the applicant was summoned under Section 319 Cr.P.C. and in case he is released on bail, he 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 applicant and admitted that applicant has no previous 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 the applicant Anil Kumar involved in Case Crime No. 304 of 2016, under Section 323, 324, 504, 506, 308, 304 IPC, Police Station-Meja, District-Allahabad 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 :- 30.11.2018 OP