Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4383 of 2019 Applicant :- Dharmendra Kumar @ Amar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Rajesh Kumar Verma, learned counsel for the applicant, Sri S.K. Tripathi, brief holder for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against five accused persons, namely Shivnandan, Raju, Dharmendra Kumar, Sangeeta Devi and Ruprani Devi alleging that on 2.8.2017 they assaulted Rakesh Kumar with lathi-danda and iron rod. He received three injuries. Two were on head and one was on shoulder. He died after three days of the incident.
Learned counsel for the applicant submitted that co- accused namely Raju and Shiv Nandan have already been granted bail by this Court vide order dated 29.11.2018 in Criminal Misc. Bail Application Nos. 6420 of 2018 and 18904 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. The applicant is languishing in jail since 24.5.2018 (more than eight months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; general role has been assigned to all accused; there was no intention or knowledge to kill the deceased; incident was taken on spur of moment; there is no independent witness 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 and the case of present applicant is identical to co- accused Raju and Shiv Nandan who have been enlarged on bail.
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 Dharmendra Kumar @ Amar involved in Case Crime No. 225 of 2017, under Sections 147, 304 IPC, Police Station-Hathgam, District-Fatehpur 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 :- 30.1.2019 A. Singh