Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33758 of 2019 Applicant :- Beer Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Sri Rajesh Kumar Singh, Advocate has filed memo of appearance on behalf of the informant, which is taken on record.
Heard learned counsel for the applicants, Sri Rajesh Kumar Singh, learned counsel for the informant, learned A.G.A. for the State of U.P and perused the material available on record.
Contention inter-alia is that in this case, there is no worthy and credible evidence regarding any specific role attributed to the applicants that they caused any fatal injury to the victim/deceased. The case of the applicants are more or less identical and similar to that of the accused- Babu, who has already been admitted to bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 32417 of 2019 (Babu vs. State of U.P.), wherein also and in this case also, only this much has emerged in the statement of the informant that the blow caused with 'lathi' by Deepu hit the deceased and there is only one head injury on the body of the deceased. In case, the applicants are admitted to bail, there is no possibility of their absconding or misusing the liberty of bail. The applicants have no criminal history and are languishing in jail since 31.3.2019.
Sri Rajesh Kumar Singh, learned counsel for the informant has vehemently opposed the prayer for bail and has submitted that it is a case of joint assault caused by several persons and the applicants happen to be one of them, however he has not disputed grant of bail to the aforesaid co-accused.
Learned A.G.A. has also opposed the prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicants - Beer Singh and Ram Jas involved in Case Crime No. 64 of 2019, under Sections - 304, 504/34 I.P.C., Police Station - Naraini, District - Banda be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 21.8.2019 S Rawat