Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33954 of 2020 Applicant :- Devendra Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Singh,Piyush Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Devendra, in Case Crime No. 116 of 2019, under Section 304 IPC, Police Station-Karma, District-Sonbhadra.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 7.12.2019; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; first information report was got lodged on 5.12.2019 at 10.05 AM against three accused persons; it was written in it that the deceased was under influence of liquor and owing to it some quarrel occurred, which resulted scuffle and injury caused to the deceased; accused persons took deceased for his treatment at Government hospital from where they carried him to district hospital, but the deceased died and the dead body was left over; informant is not an eye witness account of the same but this occurrence took place under sudden quarrel and the deceased was under influence of liquor; injuries found on the person were two lacerated wounds and who was author of above injury is not there; no dangerous weapon was there nor any mensria was there; co-accused Pappu has been granted bail by this Court in Crl. Misc. Bail Application no. 22013 of 2021. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Devendra, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 17.12.2021 Dhirendra/