Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43433 of 2018 Applicant :- Chhotu Opposite Party :- State Of U.P.
Counsel for Applicant :- Yatish Kumar Dwivedi,Ashok Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State. Perused the record.
Initially, NCR was lodged on 25.4.2018 under sections 323, 504, 506 IPC against Dhirendra, Udaibhan Sharman and Chhotu alleging that on 25.4.2018 they assaulted Ajeet Vishwakarma and his uncle Manni Lal with sticks(lathi- dandas). Manni Lal received four contusions, three contusions on posterior aspect of right elbow, right side of back 15 cm below shoulder and right side of back; one oblique contusion on mid of back. He died resultantly. After death of Manni Lal, Section 304 IPC was added and case was registered as Case Crime No. 70 of 2018.
It is submitted by learned counsel for the applicant that earlier on 21.9.2012 one FIR was also lodged against applicant under section 363, 366 IPC and in that case Final Report was submitted, hence accused have been falsely implicated due to enmity in this case. There is no independent witness. It is not certain who has caused the fatal injury. The applicant is languishing in jail since 27.4.2018(more than seven months) having no criminal history. There is no possibility to get this case decided in near future. In case applicant is released on bail, he 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 applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the 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 applicant Chhotu involved in Case Crime No.70 of 2018, under Section 323, 504, 506, 304 IPC, Police Station Panwari, District Mahoba be released on bail on 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 applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 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 :- 26.11.2018 P.P.