Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18125 of 2019 Applicant :- Chhotey Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
According to prosecution Case, FIR of the alleged incident was lodged against nine accused persons, namely Prempal, Sohan Lal, Amar Singh, Mohan Lal, Lakhan Singh, Munna Lal, Sukhdevi and Sukhi including the applicant alleging that on 11.6.2018 they assaulted suresh with laties, dandas, stone and bricks and co-accused Prempal caused injury to the deceased with spare. Learned counsel for the applicant submits that there is general allegation against the applicant. No specific role has been assigned to the applicant. According to the postmortem report only one injury i.e. punctured wound has been found to the deceased. The role of causing injury to the deceased with spare has been assigned to co-accused Prempal. Danda has been shown in the hands of the applicant. The applicant has not caused any injury to the deceased. Co-accused Munna Lal, Sukhi @ Sangeeta , Sohan Lal, Amar Singh and Mohan Lal having identical role have already been released on bail by another bench of this Court vide orders dated 5.12.2018, 11.12.2018, 8.1.2019 and 26.2.2019 respectively, therefore the applicant is also entitled for bail on the ground of parity. There is no criminal history against the applicant and is in jail since 25.12.2018.
Per contra, learned A.G.A opposed the prayer for bail but could not dispute the fact that co-accused Munna Lal, Sukhi @ Sangeeta , Sohan Lal, Amar Singh and Mohan Lal having identical role have already been released on bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Chhotey Lal involved in Case Crime No. 341 of 2018, under Sections 302, 147, 148, 149, 336, 323, 504 IPC, P.S. Soron, District Kasganj 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 co-operate 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 A.