Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44278 of 2018 Applicant :- Banwari And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahesh Prasad Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely, Banwari, Ghanshyam, Bileshwar and wife of Ghanshyam alleging that on 5.8.2018 they assaulted Devi Prasad and Amarnath. Devi Prasad received six injuries, one on head, resultantly died.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. There is cross case in N.C.R. No. 158 of 2018. It was a case of sudden fight and incident has taken place in spur of moment, applicants' side applicants also received injuries. At this stage, it is not possible to decide who is the aggressor. There are general allegations against all accused. Offences levelled against the applicants are not attracted in the present case. F.I.R. was lodged for the offence under Section 308 IPC, later on, after death of Devi Prasad, the case was converted under Section 304 IPC. There is no independent witness and no legal evidence against the applicants. They are languishing in jail since 30.8.2018 (near about three months) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have 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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Banwari and Ghanshyam involved in Case Crime No. 309 of 2018, under Sections 427, 304, 323, 336, 308, 504 IPC, P.S. Farenda, District Maharajganj 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 :- 28.11.2018 A. Singh