Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29733 of 2019 Applicant :- Dinesh And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, Sri Rajesh Kumar Mishra, learned counsel for the informant, learned A.G.A. for the State and perused the record of this application.
Learned counsel for the applicants submits that the FIR of the alleged incident was lodged against 10 persons including the applicants making general allegation for committing marpit with the deceased- Jaswant Singh. In post-mortem report, the cause of death of the deceased has been shown coma due to ante- mortem head injury but it is not specified as to who is the author of this head injury. It has further been submitted that under the similar circumstances co-accused- Ram Kishore has already been released on bail by coordinate Bench of this court vide orders dated 21.5.2019, therefore, the applicants are also entitled for bail on the ground of parity. The applicants have no criminal history. The applicants are in jail since 12.03.2019.
Per contra, learned A.G.A. have opposed the prayer for bail and argued that the applicants are named in the FIR and they have committed the alleged offence.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicants- Dinesh and Dharmpal- involved in case crime no.39 of 2019, under Sections 147, 148, 149, 323, 452, 504, 304 IPC, Police Station Patwai, district Rampur be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 25.7.2019 Raj