Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49402 of 2019 Applicant :- Baburam Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Hari Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Sri Sanjay Kumar Tripathi, Advocate has filed parcha on behalf of applicant and the same is taken on record. He has also filed supplementary affidavit today, the same is also taken on record.
Heard Sri Sanjay Kumar Tripathi, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 836 of 2019 under Sections 304 I.P.C., Police Station Cantt. District Gorakhpur, during the pendency of trial.
As per F.I.R., son of the deceased is said to have gone on 27.8.2019 on his work as he was Electricity Mechanic but when he did not return till date in night, on 28.8.2019, informant came to know that dead body of his son was lying in mortuary of the civil hospital.
It is argued by the learned counsel for the applicant that applicant has been falsely implicated. The sole evidence which has come against the applicant is the statement of one Sanjay Kumar Gupta and Balwant Sahani, who have stated on 2.9.2019 to have seen the deceased being caused injuries by three persons namely Angad Ravat, Babu Ram Sharma as well as Sani Singh. As per post mortem report, only one head injury is found to have been sustained by the injured which has resulted in his death. Who is the author of the said injury, it is not ascertainable. Applicant has no previous criminal history. The applicant is languishing in jail since 3.9.2019. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Baburam Sharma involved in aforesaid crime 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 that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.12.2019 A.P. Pandey