Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38154 of 2020 Applicant :- Bhanu Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Shailendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Learned counsel for the applicant is permitted to correct the section in the bail application during the course of the day.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Bhanu Singh with a prayer to enlarge him on bail in Case Crime No. 92 of 2020, under Sections 147, 148, 149, 323, 504, 506, 302, 325, 120B I.P.C., Police Station Sikariganj, District Gorakhpur.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. The police after investigation has already submitted charge sheet against the applicant, hence, there is no question of the accused- applicant influencing the investigation. Submission is that as per the first information report the applicant has been assigned the role of causing the assault by danda and sustaining the injury by that assault, the deceased died. As per postmortem report, there was one abrasion and one injury by which the brain of the deceased came out from the skull was found. It has further been submitted that it is purely a case of single injury in which five persons have been implicated and out of five accused persons two accused persons namely Gyan Singh and Sunkeshra Devi have already been released on bail by the coordinate Bench of this Court, vide orders dated 01.12.2020 and 26.11.2020, passed in Criminal Misc. Bail Applications No. 41928 of 2020 and 35578 of 2020 respectively. Submission is that as per the first information report, the offence will maximum reach to the extent of Section 304 I.P.C. The head injury was occasioned because the head of the deceased was dashed to wall during the course of quarrel arising out of property dispute. The applicant is prepared to furnish surety and bond and is giving undertaking that he will cooperate in trial. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 03.07.2020, hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has already filed charge sheet in the matter. It has further been submitted that the injury of the deceased speaks that the assault was so fatal that it resulted in immediate death of the deceased, therefore, the accused-applicant is not entitled to bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 6.1.2021 sailesh