Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31674 of 2021 Applicant :- Banti Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.,Syed Wajid Ali
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 entire record.
The present bail application has been filed by the applicant in case crime No. 147/2021, under Sections 323, 504, 506, 304, 452 IPC, police station Harduaganj, District Aligarh with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. It was submitted that the F.I.R. was lodged against five accused persons including applicant, wherein general and omnibus allegations have been made against all the accused persons and no specific role was attributed to applicant. It was further submitted that motive of the alleged incident was assigned to co-accused Subhash, who has already been exonerated during investigation. Learned counsel has referred postmortem report of deceased, who was aged 80 years, and submitted that he has sustained only five simple injuries. It was pointed out that cause of death of deceased has been shown cardiopulmonary arrest with septicemic shock as a result of chronic lung disease. Learned counsel has submitted that in view of postmortem report of deceased, no case under Section 304 IPC is made out. It was also submitted that in fact on the occasion of 'Holi', deceased has fallen down while some persons were putting colour on him and he has sustained minor injuries but after five days, FIR of this case was lodged making false allegations against the applicant and co-accused persons. Learned counsel has also submitted that the criminal history of three minor cases has been shown against the applicant, out of which in one case he has already been acquitted and in remaining cases he is on bail. It has further been argued that the applicant is in judicial custody since 12.06.2021 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that applicant is named in FIR and that deceased has sustained five injuries. It was further submitted that there is criminal history of three cases against the applicant.
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 opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Banti involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 29.10.2021 Anand