Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23085 of 2019 Applicant :- Chandrakesh Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri K.P.S. Yadav and Sri S.P. Yadav, Advocates, have jointly filed vakalatnama on behalf of the complainant, let it be taken on record.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Referring to the FIR lodged in the matter and the statements of the witnesses recorded during investigation, it is also argued that main role for causing injury to Prabhawati Devi is assigned to co-accused Jitendra. There is cross version of the present matter. Applicant's side has also received injuries. The co accused Dheeraj and Chandra Shekhar alias Chandan having identical role have already been released on bail by another bench of this court vide order dated 11.4.2019 in Cr. Misc. Bail Application No. 15006 of 2019, therefore, applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 2.2.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that as per post mortem report 3 injuries have been found on the body of the deceased and the cause of death of the deceased has been shown haemorrhage shock and coma as a result of ante mortem head injury. In this incident 3 other persons have also sustained injury, therefore, applicant is not entitled for bail but they could not dispute the fact that the co accused Dheeraj and Chandra Shekhar alias Chandan having identical role have already been released on 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 Chandrakesh involved in Case Crime No. 27 of 2019, under Section 302, 325, 323, 506 IPC Police Station Kerakat District Jaunpur 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 he 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 :- 31.5.2019 Gss