Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34496 of 2019 Applicant :- Gaurav And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Bhavya Sahai,Jitendra Kumar Ravat Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Heard Sri Bhavya Sahai, learned counsel for the applicants, learned AGA for the State and perused the record.
FIR has been lodged on 12.12.2018 against the applicants and one another person with the allegation that on 11.12.2018 while Gajendra Singh, deceased was going to his field at about 12.30 in the night and was passing through the border (Mendh) of the field of the applicants, he died due to electrocution. The allegation in the FIR is that the applicants were responsible for the death of the deceased.
Contention raised on behalf of the applicants has been confined to the extent that the applicants are innocent and has been falsely implicated in this case. No specific role has been attributed to the applicants. Learned counsel for the applicants has placed reliance upon the statement of the informant in which the informant has deposed before the court below that on 11.12.2018 in the midnight when the deceased Gajendra was going to his field he died due to electrocution as the main line of 11000 volts had fallen down in the field. Learned counsel for the applicants further submitted that in case, the applicants are admitted to bail, there is no possibility of their absconding or misusing the liberty of bail. The applicants have no previous criminal history.
Learned A.G.A. has opposed the prayer for bail but could not dispute the above facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicants Gaurav and Shivram Singh involved in Case Crime No. 206 of 2018, under Section 323, 504, 506, 304 IPC, Police Station Kuthaund, District Jalaun be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicants will not tamper with the evidences.
2. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicants 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 applicants.
Order Date :- 27.11.2019 N Tiwari