Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43649 of 2021 Applicant :- Arun Kumar Mishra Opposite Party :- State of U.P.
Counsel for Applicant :- Pratap Kanchan Singh Counsel for Opposite Party :- G.A.,Gaurav Kumar Singh,Pradeep Kumar Mishra
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. FIR has been lodged against 11 named and one unknown person and that in FIR only general role of assaulting the deceased has been attributed to all the accused persons including applicant. As per post-mortem report, deceased has sustained single injury at his head. Learned counsel has pointed out the statement of eye-witnesses namely, Smt Gyanti Devi, Smt. Sundari Mishra and Smt. Krishnavati Devi, who have not assigned any specific role to applicant. Statements of Smt. Gomti Devi, Smt. Shaila and Gaurav Mishra, were also referred, who have inter-alia assigned the role of assaulting the deceased with Gadala at head of deceased to co-accused Ashutosh @ Sintu and it was also alleged that co-accused Nitesh has also given a stick blow at head of deceased. It was submitted that rest of the accused persons including applicant were assigned only general role of assaulting the deceased, whereas, except head injury, deceased has not sustained any other injuries. It was also stated that regarding same incident, the cross FIR was also lodged vide case crime no. 101/2021, under Section 323, 504 IPC. No motive has been attributed to applicant. It has also been submitted that no recovery of any weapon or incriminating article has been made from applicant. Learned counsel further submitted that similarly placed co- accused Suresh Misra and Siddhanath @ Siddhinath have already been granted bail by co-ordinate Benches of this Court. The criminal history of one case was shown against applicant, which has duly been explained in affidavit. Lastly, it has been submitted that the applicant is languishing in jail since 10.08.2021 and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail. It has been argued by learned counsel for the first informant that applicant is named in FIR and that deceased has sustained serious injuries at his head and that besides the head injuries, deceased has also sustained several other injuries. Learned counsel for the first informant has pointed out that the statement of Dr. Manoj Kumar, who has inter-alia stated that 26 stitches were made on the head injury of deceased. It has also been submitted that recovery of one stick has been made from co-accused Nitesh and Gadala from Ashutosh @ Sintu. It has been submitted that murder of deceased was committed in furtherance of common intention of all the accused persons.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Arun Kumar Mishra involved in Case Crime No.115 of 2021, under Sections 147, 323, 506, 302 I.P.C., Police Station Rampur, district Jaunpur, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 17.12.2021 Neeraj