Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that initially the N.C.R. of the alleged incident was lodged under sections 323, 504 IPC and thereafter the case was converted under section 308 IPC. The FIR of the alleged incident was lodged with the allegation that some hot talk had taken place in between the informant and one Pramod with regard to the accident of a hen, thereafter Pramod has gone to his house. Thereafter, the applicant and co-accused came there and committed marpeet with the informant and his father namely, Rama Pasi. Rama Pasi died on 6.8.2019 after one month of the alleged incident. Thereafter, the case was converted under section 304 IPC. In postmortem report the cause of death of the deceased has been shown coma and septicaemic shock due to antemortem head injury but it has not been specified as to who is author of this head injury. There is general allegation against the applicant. No specific role has been assigned to the applicant. It has further been submitted that there is no injury report of injured Chandrika Prasad on record. There is no motive to the applicant to commit the alleged offence. No incriminating article has been recovered from the possession of the applicant or on his pointing out. Co-accused Jaswant Pasi @ Jasman having identical role has already been released on bail by this Court vide order dated 16.12.2019 in Criminal Misc. Bail Application No. 55753 of 2019 therefore the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 10.8.2019.
Per contra, learned A.G.A has opposed the prayer for bail but could not dispute the fact that co-accused Jaswant Pasi @ Jasman having identical role has already been released on bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Girdhari Pasi involved in Case Crime No. 241 of 2019, under Sections 323, 504, 308, 304 IPC, P.S. Puramufti, District Kaushambi 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:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant 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 applicant.
Order Date :- 19.12.2019 A.