Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17656 of 2019 Applicant :- Dharampal Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri K. D. Tiwari, Advocate has filed vakalatnama on behalf of the complainant be taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned AGA for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 28.3.2018 after three days of the incident under Sections 304 and 506 I.P.C. against four accused persons, namely, Jagat Singh, Guddu, Dharmpal and Shivraj alleging that on 25.3.2018 they assaulted Suresh, brother of the complainant, suspecting thief. He received injuries and died. Recovery of lathi-danda and iron rod has been shown on the pointing out of the applicant. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. There is general allegation against the applicant and co-accused for committing marpit with the deceased. In fact due to suspicion of theft, some persons of the village assaulted the deceased on account of which he sustained injuries. There was no intention or motive to commit the alleged offence. During investigation the case was converted under section 302 I.P.C. No blood stain was found on the alleged recovered lathi-danda and iron rod. No specific role has been assigned to the applicant. The co- accused Shishram @ Guddu, Shivraj and Jagat Singh have already been released on bail by this court as well as by another bench of this court vide orders dated 19.4.2019 and 4.4.2019 respectively, therefore, applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 4.4.2018.
Per contra, learned counsel for the complainant as well as learned AGA opposed the prayer for bail and argued that lathi- danda and iron rod has been recovered on the pointing out of the applicant.13 injuries has been found on the body of the deceased. The applicant and other co-accused have committed the murder of deceased, therefore the applicant is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Dharampal involved in Case Crime No.219 of 2018 under Section 302, 504 IPC Police Station Nakhasa Nawabad, District Sambhal ( Bheem Nagar) be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 26.4.2019 A.