Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34167 of 2018 Applicant :- Girdhari Alias Himanshu Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Singh,Narendra Singh Chahar Counsel for Opposite Party :- G.A.,Gaurav Sharma,Pankaj Dwivedi and Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36385 of 2018 Applicant :- Charan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahipal Singh,Narendra Singh Chahar Counsel for Opposite Party :- G.A.,Pankaj Dwivedi
Hon'ble Rajul Bhargava,J.
Heard S/Sri Mahipal Singh, Narendra Singh Chahar, learned counsel for the applicants, Sri Arvind Singh, holding brief of Sri Pankaj Dwivedi, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants-Girdhari alias Himanshu and Charan Singh in Case Crime No.265 of 2018, under Sections 147, 148, 149, 323, 504 and 302 I.P.C., Police Station Achhnera, District-Agra with the prayer to enlarge them on bail.
Since both these bail applications arise out of the same case crime number, therefore, they are being disposed of by a common order.
The submission of the learned counsel for the applicant is that in the F.I.R. itself the role of assault to the deceased by Phawra on his head has specifically been attributed to co-accused, Banwari. It is further argued that the applicant and four others to whom general role of assault has been assigned assaulted the deceased by lathis. Learned counsel states that from injury report, cause of the death was incised wound on the head of the deceased which has been specifically attributed to co-accused, Banwari who had caused the same by spade. Co-accused,Himmat Singh has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.40296 of 2018 vide order dated 24.10.2018 and another co-accused, Banwari who has been declared juvenile and on the ground of juvenility he has also been enlarged on bail. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 10.03.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicants-Girdhari alias Himanshu and Charan Singh be released on bail in the aforesaid case crime number on each of them furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicants shall not tamper with the prosecution evidence;
2. The applicants shall not pressurize the prosecution witnesses;
3. The applicants shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicants.
Order Date :- 31.10.2018 MN/-