Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17913 of 2021 Applicant :- Dhanpat Opposite Party :- State of U.P.
Counsel for Applicant :- Brij Gopal Singh,Saransh Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that first information report was lodged against eight accused persons including the applicant, attributing general and omnibus role to all the accused persons that they have assaulted the son of informant with lathi and sticks and when one Ram Saran and Rahul tried to save him, they were also caused injuries. It was submitted that as per postmortem report of deceased, three injuries have been shown on the body of deceased and cause of death has been shown head injury and that there is no evidence that which of the accused is author of said injury. It was further submitted that similarly placed co-accused persons, namely, Ram Hirday, Devi Deen and Natthu have already been granted bail by co-ordinate Bench of this Court vide order dated 13.08.2021, 15.09.2021 and 03.08.2021, passed in Criminal Misc. Bail Application No. 20700 of 2021, 29104 of 2021 and 20715 of 2021. Lastly, it was submitted that the applicant is languishing in jail since 25.09.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 the applicant Dhanpat involved in Case Crime No. 180 of 2020, under Sections 147, 148, 304, 323, 504 and 506 IPC, P.S. Attarra, District Banda, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 22.9.2021 A. Tripathi