Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52892 of 2019 Applicant :- Bharat Opposite Party :- State of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the F.I.R. of the alleged incident was lodged against 4 persons including the applicant making general allegation for commuting marpit with the deceased and injured persons. The injures of the injured persons are simple in nature. As per post mortem report 3 injuries have been found on the body of the deceased. The injury no. 3 is on left shoulder and injuries no. 1 and 2 are on head. The cause of death of the deceased has been shown shock and coma due to ante mortem head injury. In the statement of informant Smt. Vimla Devi it has come that the co accused Gulab assaulted upon the deceased on his head with danda due to which he fell down. She further stated that the applicant and other co accused after committing marpit with the deceased and other injured persons went towards their house. Other witnesses in their statements made general allegation against the applicant and other co accused for committing marpit with the deceased and injured persons. The applicant has not committed the alleged offence and has been falsely implicated in this case. Recovery of danda has been shown on the pointing out of the applicant and co accused Gulab. As per statement of informant Smt. Vimla Devi, specific allegation for causing injury to deceased on his head has been assigned to co-accused Gulab. The case of the applicant is distinguishable from the case of co- accused Gulab. There is no criminal history of the applicant and is in jail since 31.5.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Bharat involved in Case Crime No.223 of 2019, under Section 323, 504, 304 IPC Police Station Alinagar District Chandauli be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.
3. The applicant will 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 applicant.
Order Date :- 29.11.2019 Gss