Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49425 of 2018 Applicant :- Ashok Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Priya Mishra Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard Sri Sudhir Dixit, holding brief of Sri Satya Prakash Mishra, learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the F.I.R. of the alleged incident was lodged against the six persons including the applicant. As per the first information report, at the time of alleged incident the deceased was living at the house of his mother-in-law, namey, Anita (Gayatri) with his wife Anjani. The co -accused Prakash and Kanhaiya are real brothers-in-law of the deceased. The applicant is of a different caste. The applicant has no concern with the other co-accused and he has been falsely implicated in the present case. The dead body of the deceased was found hanging on a tree of Jack fruit ( kathal) in the grove of one Dinesh Yadav. In the post mortem report, one ligature mark has been found on the body of the deceased. Hyoid bone of the deceased was found fractured and the cause of the death of the deceased has been shown ante mortem injuries. There is no direct evidence against the applicant. In the statement of Sonu, aged about 5 years, the son of the deceased, it has come that the applicant and the other co-accused persons took away the deceased to the house of the applicant. In fact, Sonu had not gone with the applicant. Sonu is a witness of last seen. Except this there is no other evidence against the applicant. It has been further submitted that there was no motive to commit the murder of the deceased by the applicant. The statement of Sonu has been recorded after one month of the alleged incident. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. There is no eye witness of the alleged incident. There is no criminal history of the applicant and is in jail since 3.10.2018.
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 Ashok involved in Case Crime No.48 of 2018, under Section 302, 34 IPC Police Station P.P.Ganj District Gorakhpur 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 :- 22.1.2019 Gss