Heard learned counsel for the applicant, learned counsel for the informant as well as learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Daya Shankar Prajapati, in Case Crime No. 14 of 2020, under Sections 302, 506 I.P.C., P.S.- Bhadohi, District - Bhadohi.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case. Further submission of the learned counsel is that the applicant is in jail from the last 13 months and charge sheet has already been filed. The FIR was lodged by Krishna Kumar Prajapati in respect of the incident dated 22.01.2020 at 09.15 am. about which the FIR was lodged on the same day at 02.00 pm. with the allegation that the named accused persons by hockey and danda committed marpeet with the deceased before the witnesses and the deceased sustained injuries and he was taken to Government hospital where he was declared dead. Further submission of learned counsel is that there is contradiction in the timing of the incident in view of FIR, eyewitness account and post mortem report as the post mortem report has been concluded around 05.00 pm. in which the doctor has given finding that the death might have taken place one day before. It has been submitted that the eyewitnesses have been planted which shows that nothing happened before them. Further submission of learned counsel is that the post mortem report reveals that the deceased sustained four injuries, which was caused by blunt object and he died because of brain hemorrhage and shock resulting out of ante-mortem head injury. Further submission of learned counsel is that it has not been specified that which of the accused given fatal blow, which resulted the death of the deceased. It is further submitted that applicant has no criminal history and applicant is prepared to furnish sureties and bonds, therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 23.01.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned counsel for the informant and learned A.G.A. have strongly opposed the prayer for bail and they have submitted that there is eyewitnesses account in support of the FIR version and all have stated that they saw the accused persons causing injury to the deceased by which he died.
Having heard the submission of learned counsel of both sides, it appears that the incident has been caused by use of blunt object and no deadly weapon has been used in the commission of the offence; the accused applicant is in jail from the last 13 months because there is no use of any deadly weapon, the case is of diluted culpability, therefore, without commenting on the merits of the case and considering the long period to which the accused-applicant is languishing in jail, I find it to be a fit case for bail.
Let applicant Daya Shankar Prajapati, be released on bail in Case Crime No. 14 of 2020, under Sections 302, 506 I.P.C., P.S.- Bhadohi, District - Bhadohi, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 19.2.2021 SK Srivastava