Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17485 of 2019 Applicant :- Anuj Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the first information report of the alleged incident was lodged on 6.11.2018 against four persons including the applicant making general allegation for committing marpit with the deceased and the injured persons with hockey stick and iron rod. The date of alleged incident has been shown as 1.11.2018. The deceased died on 4.11.2018 during treatment. According to the postmortem report, one surgical stitch wound and one lacerated wound were found on the body of the deceased. The injuries of the injured Ashok Kumar is simple in nature. Fracture shalft of ulna bone has been found to injured Ankul. Rest of the injuries of Ankul are simple in nature. It has been further submitted that only two injures have been found on the body of the deceased but it is not specified as to who is the author of these injuries. There is general allegation against the applicant and 3 other co- accused. No specific role has been assigned to the applicant. The F.I.R. of the alleged incident was lodged with delay of 5 days without any such explanation. Recovery of danda has been shown on the pointing out of the applicant. No blood stain was found on the alleged recovered danda. In fact the applicant has not committed the alleged offence and has been falsely implicated in this case. There is no criminal history of the applicant and is in jail since 7.11.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Anuj involved in Case Crime No.1126 of 2018, under Section 302, 323, 504, 506, 325 IPC Police Station Majhola District Moradabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 26.4.2019 Gss