Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15201 of 2018 Applicant :- Arun Pathak Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishe Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Prashant Pathak and Arun Pathak alleging that on 1.12.2017 they assaulted Shiv Kumar with bamboo. He received one injury on his chest and died resultantly.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 8.12.2017(more than four months) having no criminal history; On the basis of statement of Suraj Yadav, injury was caused by Prashant Pathak on the chest of deceased. No offence is made out against this accused; single injury was found and that too caused by co-accused Prashant Pathak @ Pramod Pathak; there was no independent witness; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no 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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Arun Pathak involved in Case Crime No.0392 of 2017, under Section 304 IPC, Police Station Jiyanpur, District Azamgarh 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 :- 24.4.2018 P.P.