Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8587 of 2019 Applicant :- Dharmendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Gaur,Bhaiya Ram Maurya Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Vakalatnama filed by Sri Satish Kumar Yadav, Advocate on behalf of first informant is taken on record.
Heard Sri Amit Kumar Gaur, learned counsel for applicant, Sri Satish Kumar Yadav, learned counsel for first informant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated; that as per averments made in F.I.R. lodged on 9.11.2018 by Sanju, his cousin brother Nem Singh came out of home after dinner at about 7:00 p.m. on 8.11.2018 where applicant under intoxication started abusing him and when protested he started committing mar-peet and upon hue and cry 10 persons named at Sl. No.2 to 11 in F.I.R. armed with Farsa, pistol etc. arrived there and committed mar-peet and Atul also made fire in air and in the incident Sharda Devi, Jagveer Singh and Nem Singh sustained injuries and during treatment Nem Singh died on 10.11.2018 at Medical Institute, Saifai; that in F.I.R. or in statements of injured witnesses no weapon has been assigned to applicant and he has not been assigned with any specific role of causing injuries to Nem Singh, deceased or to any of two injured; that there is no whisper that co-accused persons arrived at spot upon call of applicant; that applicant may not be considered to be author of fatal injuries of deceased who sustained as many as 5 injuries out of which injury nos.1 & 2 are stitched wounds over head and cause of death as ascertained in post-mortem report is due to Coma on account of ante-mortem head injuries; that case of applicant is distinguishable from co-accused persons who were armed with weapons and caused injuries to deceased; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 26.11.2018.
Learned A.G.A. and learned counsel for first informant vehemently opposed prayer of bail and contended that applicant is main culprit who is bone of contention and who started dispute by abusing Nem Singh followed by mar-peet.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Dharmendra be released on bail in Case Crime No.623 of 2018, under Sections 147, 148, 149, 324, 323, 336, 504, 304 I.P.C., P.S. Kuraoli, District Mainpuri, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.2.2019 Kpy