Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9871 of 2021 Applicant :- Brijpal Opposite Party :- State of U.P.
Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.,Govind Saran Hajela
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed today, is taken on record. None appeared on behalf of informant.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It was stated that in the alleged incident both sides have sustained injuries and from the side of applicant, three persons namely Vandana D/o Deevan Singh, Mirailal S/o Savley, Guddi Devi W/o Brijpal have sustained injuries and that an application was also moved from the side of applicant under Section 156(3) Cr.P.C. for registration of cross case. It has been further submitted that as per the prosecution case, five accused persons including applicant have been assigned the role for assaulting the deceased and the first informant and that no specific role has been attributed to the applicant. The deceased died due to ante-mortem head injuries, however, there is no specific evidence that which of the accused has caused those injuries, and only general allegations that all the accused persons have assaulted the deceased and informant have been made. Learned counsel for applicant submits that similarly placed co-accused Mirailal and Deevan Singh have been enlarged on bail by this Court vide order dated 9.2.2021 passed in Criminal Misc. Bail Application No.8760 of 2021 (Mirailal and another Vs. State of U.P.). It has been further submitted that applicant is languishing in jail since having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed above stated co-accused persons have already been granted bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Brijpal involved in Case Crime No.242 of 2020, under Sections 323, 504, 302 of I.P.C., P.S. Mahamdabad, District Farrukhabad, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 28.7.2021 Anil K. Sharma