Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8522 of 2018 Applicant :- Deepchandra @ Deepu Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against three accused persons, namely Deepu, Lali Devi and Ganesh alleging that on 20.5.2017 they assaulted Mistar and Rajveer. Mistar received four injuries. One incised wound was on the head of the deceased, one stitched wound, one abrasion and one contusion. Statement of Rajveer, so called injured, was recoded and he stated that Deepu assaulted by bricks and Lali Devi assaulted by sharp edged weapon to deceased and the role of Ganesh was of catching hold of the deceased and the information of this incident was sent by the accused to the Police.
Learned counsel for the applicant submitted that applicant applicant is languishing in jail sine 21.5.2017 (one year and six months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; the death of the deceased was done due to injury no. 1 (incised wound) only and all other injuries were found simple in nature and that was caused by Lali Devi, who was enlarged on bail vide order dated 21.5.2018 in Criminal Misc. Bail Application No. 18798 of 2018 due to lady; there is no independent witness; there was no intention or knowledge to cause death of deceased; the incident was taken at the spur of moment and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Deepchandra @ Deepu involved in Case Crime No. 136 of 2017, under Section 323, 504, 304 IPC, Police Station-Kuthaund, District-Jalaun 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 :- 28.11.2018 OP