Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52624 of 2019 Applicant :- Balindar Yadav And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Manu Sharma,Dinesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
Learned counsel for the applicants submits that applicants are innocent and have falsely been implicated in the present case. Initially the FIR was lodged under section 323, 504, 506 and 325 IPC against the applicants and 3 others making general allegation for committing marpit with deceased. The deceased died after 1 and 1/2 month of the alleged incident. It has further been submitted that there is general allegation against the applicants. No specific role has been assigned to them. As per postmortem report the cause of death of the deceased has been shown shock and septicemia as a result of bed sores and lung infection. It has further been submitted that the applicant has not committed the alleged offence. He has falsely been implicated in the present case. The co-accused Kishani Devi having identical role has already been released on bail by another bench of this court vide order dated 7.11.2019 in Criminal Misc. Bail Application No. 47181 of 2019, therefore, the applicants are also entitled for bail on the ground of parity. The applicants have no criminal history and are in jail since 19.10.2019.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Kishani Devi having identical role has already been released on bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicants Balindar Yadav and Ishwar Yadav involved in Case Crime No. 168 of 2019, under section 323, 504, 506, 325, 304 IPC, P.S. Shyamdeorwa, District Maharajganj be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicants will not tamper with the evidence.
2. They shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. They shall 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 applicants.
Order Date :- 28.11.2019 Masarrat