Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28796 of 2019 Applicant :- Dr. Sushil Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharwan Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri K.P. Tiwari (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against six accused persons, namely, Dr. Sunil Kumar, Anil, Sandeep, Rajiv Kumar, Dinesh and Tripurari alleging that on 21.11.2018 at 8-00 p.m. night, they assaulted Lakshman Prasad, father of the complainant. He received one head injury and due to head injury he died.
Learned counsel for the applicant submitted that co- accused namely Dinesh, Smt. Parma Devi, Rajeev Kumar @ Raju, Tripurari, Sandeep and Dr. Anil have already been granted bail by this Court vide order dated 27.3.2019, 29.3.2019, 30.4.2019, 14.5.2019 and 5.7.2019 in Criminal Misc. Bail Application Nos. 12220 of 2019, 12881 of 2019, 18388 of 2019, 20124 of 2019 and 26796 of 2019, 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 22.11.2018 (more than eight months) having no criminal history. The applicant is innocent and has been falsely implicated in this case. General role has been assigned to the applicant. It is not clear who is author of head injury. There is no independent witness/eye witness account against the applicant 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 Dinesh, Smt. Parma Devi, Rajeev Kumar @ Raju, Tripurari and Sandeep who has 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 Dr. Sushil Kumar involved in Case Crime No. 314 of 2018, under Sections 147, 149, 323, 302 IPC, Police Station Gagha, District Gorakhpur 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 :- 30.7.2019 A. Singh