Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38742 of 2018 Applicant :- Arun Kumar @ Lalla Opposite Party :- State Of U.P.
Counsel for Applicant :- Piyush Sinha,Chandan Sharma Counsel for Opposite Party :- G.A.,Shailesh Kumar,Usha Srivastava
Hon'ble Rajul Bhargava,J.
Heard Sri Piyush Sinha & Chandan Sharma, learned counsels for the applicant, Sri Shailesh Kumar & Ms. Usha Srivastava, learned counsels for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 38 of 2018, u/s 147, 149, 307, 302, 504, 506 IPC, P.S. Sarai khawaja, District Jaunpur with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that as per the prosecution case, six nominated persons including the applicant caused injury by lathi and danda, wherein, two persons succumbed to the injuries; postmortem examination report of the deceased persons shows head injury; general role has been assigned to all the accused persons for causing injury; there is cross version; prompt F.I.R. from the side of the applicant was lodged, whereas, prosecution case was lodged on the following day of the incident; none of the witnesses have assigned any specific role to the applicant; assault weapon has been recovered on the pointing out of Lal Bahadur from his house having blood stain. It is lastly submitted that the applicant has no other reported criminal antecedent and he is languishing in jail since 16.3.2018, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial. Lastly it is submitted that co-accused Bijali Yadav and Rajmani Yadav whose case stand exactly at par in which general role of assault was assigned, have been granted bail in Bail Application nos.35441 of 2018 & 36984 of 2018 vide orders dated 20.9.2018 & 3.10.2018 and there is no distinguishable feature.
Learned counsel for the informant has opposed the prayer for bail and submits that beside two deceased there are three injured and therefore, the applicant may not be enlarged on bail. However he could not dispute that from the side of defence, F.I.R. was already existence prior to lodging of the F.I.R. from the side of prosecution.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Arun Kumar @ Lalla, involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.10.2018 Hasnain