Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18173 of 2019 Applicant :- Chandrapal Opposite Party :- State Of U.P.
Counsel for Applicant :- Gufran Ahmad Khan,Nazrul Islam Jafri 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 one Sohanpal has informed to the police that Sonpal is lying in dead condition in a maize field of one Satish. On that information inquest of the deceased was conducted. Informant Jaiveer was also present at the time of inquest and other family members of the deceased were also present. At the time of inquest the informant Jaiveer has not expressed any suspicion against the applicant and has not disclosed this fact of incident. Thereafter on next day i.e. 26.7.2018. Informant Jaiveer has lodged the first information report against four persons including the applicant with the averment that the applicant and other co-accused were forcing the deceased to drink liquor and were assaulting him. The co- accused Jagpal was pressing neck of the deceased and the applicant was committing marpit with kick and fist. The co- accused Badan Singh was pouring liquor into the mouth of the deceased. The co-accused Dharmendra caught hold the mouth of the deceased and was pouring poisonous substance into his mouth. In post mortem report the cause of death of the deceased has been shown ante mortem injury. Viscera was also preserved. On the body of the deceased only one contusion was found on the back side of neck of the deceased. In viscera report ethyl organo phosphorus insecticide poison has been found to the deceased. It has further been submitted that if the informant had seen the alleged incident, he would have disclosed this fact on the same day i.e. 25.7.2018 at the time of inquest of the deceased. The F.I.R. was lodged after consultation with delay of 24 hours. In fact, none had seen the alleged incident. The applicant had not administered any poison to the deceased in liquor. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. There is general allegation against the applicant and no specific role has been assigned to him. There was no motive to the applicant to commit the alleged offence. There is no criminal history of the applicant and is in jail since 4.2.2019.
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 Chandrapal involved in Case Crime No.166 of 2018, under Section 302, 328, 506 IPC Police Station Dhanari District Sambhal 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 :- 30.4.2019 Gss