Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51694 of 2019 Applicant :- Dhiraj Pal Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Ajay Kumar, Advocate has filed vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against two person including the applicant under sections 323, 325 IPC. The deceased died after two days of the alleged incident. As perpostmortem report one abrasion was found on the body of the deceased and the cause of death of the deceased could not be ascertained, therefore, the viscera was preserved. The viscera report has not been received till date. It has further been submitted that the applicant has not committed the alleged offence. The applicant has falsely been implicated in the present case. There is general allegation against the applicant. No specific role has been assigned to the applicant. Co-accused Rajendra Pal having identical role has already been released on bail by this Court vide order dated 19.11.2019 in Criminal Misc. Bail Application No. 50496 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 13.9.2019.
Per contra,learned counsel for the complainant as well as learned A.G.A opposed the prayer for bail and argued that the applicant is named in the FIR. The applicant and his father have committed the marpeet with the deceased. Consequently, the deceased died, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Dhiraj Pal involved in Case Crime No. 222 of 2019, under Sections 323, 325, 304 IPC, P.S. Babugarh, District Hapur 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 co-operate 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 A.