Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4820 of 2017 Applicant :- Arjun Opposite Party :- State Of U.P.
Counsel for Applicant :- Shahid Karim Siddiqui,Ram Chandra Uttam Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary and counter affidavits filed today are taken on record.
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 six accused persons, namely Chunni, Santosh, Arvind, Arjun, Umesh and Ashok alleging that on 25.5.2015 they assaulted Sailendra Kumar with lathi-danda, he received six injuries, two on head, resultantly died.
It is submitted by learned counsel for the applicant that co- accused namely Santosh, Ashok, Chunnilal @ Sri Ram has been granted bail by co-ordinate Bench of this Court vide order dated 5.12.2016, 17.9.2016 and 11.8.2016 in Criminal Misc. Bail Application Nos. 6257 of 2016, 3838 of 2016 and 37218 of 2015, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. According to F.I.R., general role was assigned against all accused persons. Statement of Devishankar was recorded u/s 161 Cr.P.C., he stated that applicant and co-accused Umesh assaulted the deceased. Later on, witness Devishankar was examined as P.W. 3 before the court and general role was assigned against all accused persons. The applicant is innocent and has been falsely implicated in the present case. Witness Devishankar has changed his version stage by stage. There is no possibility to get this case decided in short period in future. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 26.5.2015 (more than three and half years) having no criminal history 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 criminal history and the case of present applicant is identical to co- accused Santosh, Ashok, Chunnilal @ Sri Ram who has been enlarged on bail.
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 applicant Arjun involved in Session Trial No. 304 of 2015 as well as Case Crime No. 224 of 2015, under Section 304, 147 IPC, Police Station Chaubepur, District Kanpur Nagar 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 A. Singh