Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8254 of 2019 Applicant :- Deep Chand Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, on the basis of application u/s 156(3) Cr.P.C. FIR was lodged on 27.10.2018 (after six and half months of incident) against seven accused persons namely, Vimla Devi, Suresh, Vipin, Rahul, Mantoo @ Deepak, Mukesh Kannaujia and Deep Chand Kannaujia alleging that on 4.4.2018 they have killed Shyam Bihari(husband of Chandrawati Devi/first informant). According to postmortem report, he received two ante- mortem injuries and cause of death was found ante- mortem head injury.
It is submitted by learned counsel for the applicant that co- accused namely Suresh has already been granted bail by this Court vide order dated 18.12.2018 in Criminal Misc. Bail Application No. 47846 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. One FIR (Case Crime No. 0213 of 2017) was lodged by the applicant against Lal Bihari and four others and it is a counter blast case. General role is alleged to have been attributed to the applicant. There is no independent witness. It is not clear who is author of having caused head injury. The applicant is languishing in jail since 2.12.2018(more than two and half month) having no criminal history. 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 Deep Chand involved in Case Crime No.152 of 2018, under Section 302, 201, 120-B, 504, 506 IPC, Police Station Chiraiyakot, District Mau 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 :- 26.2.2019 A. Singh