Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15383 of 2018 Applicant :- Bhrigunath And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Alok Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed on behalf of Prashant Pratap Rao, learned counsel on behalf of complainant is taken on record.
Heard learned counsel for the applicants, learned counsel for the complainant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Siddhu, Bhagunath, Muneeb and Monu alleging that on 17.9.2017 at 12:00 night they assaulted Sanjay Kumar. He received one head injury and resultantly died.
It is submitted by learned counsel for the applicants that the applicants are languishing in jail since 7.10.2017(more than six months) having no criminal history; general role was assigned to all the accused; one injury was found on the body of deceased; the incident is of night; in case applicant is released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants.He admitted that the 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 view that the applicants have made out a case for bail. The bail application is allowed.
Let applicants Bhrigunath and Muneeb involved in Case Crime No.261 of 2017, under Section 304 IPC, Police Station Gola, District Gorakhpur be released on bail on their 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 him 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 :- 25.4.2018 P.P.