Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51898 of 2019 Applicant :- Dhela Chaudhary Opposite Party :- State of U.P.
Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of applicant, which is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. The F.I.R of the alleged incident has been lodged against four persons including the applicant making general allegation for committing marpeet with the deceased and injured person.No specific role has been assigned to the applicant. The informant Dashrath Chaudhary, in his statement, has also made general allegation against the applicant and other co-accused. In the statements of witnesses Jeet Ram Chaudhary and Rajesh Chaudhary, it has come that co-accused Harendra Chaudhary has assaulted with lathi on the head of deceased Mukesh. As per post mortem report only one injury has been found on the head of the deceased and the cause of death of deceased has been shown coma due to anti mortem head injury. It has further been submitted that the injury of injured Vishun Devo is simple in nature. The applicant has not caused head injury to the deceased. The case of applicant is distinguishable from the case of co-accused Harendra Chaudhary. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. The applicant has not committed alleged offence. There is no criminal history of the applicant and is in jail since 9.8.2019.
Per contra, learned AGA opposed the prayer 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 Dhela Chaudhary involved in Case Crime No.95 of 2019, under Sections 304,323 and 504 IPC, Police Station Dokati, District Ballia 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 :- 27.11.2019 G.S