Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55630 of 2019 Applicant :- Gaurav Opposite Party :- State of U.P.
Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Shri Kuldeep Singh Yadav, learned counsel for the applicant, has filed supplementary affidavit in the Court today, the same is taken on record.
Heard learned counsel for the applicant Shri Kuldeep Singh Yadav as well as learned A.G.A. for the State Shri Attrey Dutt Mishra and perused the material placed on record.
This bail application under Section 438 of Cr.P.C. has been moved on behalf of the applicant, seeking bail in Case Crime No. 135 of 2019, under Sections 302, 323, 504, 506 of I.P.C., Police Station - Chaubiya, District - Etawah, during the pendency of trial.
It is argued by learned counsel for the applicant that as per the F.I.R., the accused including the present applicant are stated to have assaulted the deceased Nauratna with an intention to kill with weapon iron rebar (saria). It is submitted that the deceased is found to have died due to ante-mortem head injury, which is injury no. 1, in the postmortem report. Rest of the injuries are on non-vital parts of the person of the deceased and on the chest, only abrasion was found. Who was the author of the said fatal blow which caused injury on the head is not ascertainable. Furthermore, it is argued that similarly circumstanced co- accused Seepu, whose case is on equal footing to that of the present applicant, has been granted bail by coordinate Bench of this Court vide order dated 05.12.2019 in Criminal Misc. Bail Application No. 51345 of 2019 (Seepu v. State of U.P.). The applicant bears no criminal antecedent and is languishing in prison since 22.08.2019. If released on bail, he would not misuse its liberty and would cooperate with the investigation.
Per contra, learned A.G.A. has vehemently opposed the grant of bail to the accused-applicant and has pointed out that one of the co-accused, namely, Baleshwar Dayal, his bail application has been rejected by coordinate Bench of this Court vide order dated 21.11.2019 passed in Criminal Misc. Bail Application No.
51259 of 2019 (Baleshwar Dayal v. State of U.P.) and that the said order was not placed before the coordinate Bench of this Court, which has passed subsequent order dated 05.12.2019 as the same does not find mention in the said order.
Looking to the fact that the deceased has sustained only one fatal blow and the assailants are 3-4 in number and who is the author of the said main (head) injury, cannot be ascertained, I do not find any good ground to reject the bail application of the applicant and the same deserves to be allowed.
Ordered accordingly.
Let the applicant - Gaurav involved in aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.12.2019 I. Batabyal