Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38751 of 2018 Applicant :- Gopal Opposite Party :- State Of U.P.
Counsel for Applicant :- Kali Charan Yadav Counsel for Opposite Party :- G.A.,Ravindra Prakash Srivastava
Hon'ble Rajul Bhargava,J.
Heard Dr. C.P. Upadhaya & Sri Kali Charan Yadav, learned counsel for the applicant, Sri Ravindra Prakash Srivastava, 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 applicant- Gopal in Case Crime No. 119 of 2018, under Sections 323, 304 & 504 I.P.C., Police Station- Captanganj, District- Basti with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is next contended that a non-cognizance report was lodged against the applicant and co-accused in which it is stated that on 19.05.2018 at about 04.20 P.M. the applicant and co-accused badly assaulted the son of the first informant, Bansu. Bansu was medically examined on 19.05.2018 in which except one abrasion on the left side of finger, complain of pain on the right side testis, abdomen and thigh have been noted. The deceased died after eight days of the incident on account of rupture in intestines in which the pus was found present. It is argued that the deceased might have died on account of some infection which developed in the stomach wall of the deceased which resulted into his death. No conventional weapon has been used by the applicant and co-accused. Prima facie, offence under Section 304 I.P.C. is not made out. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 11.06.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant and submitted that there is no reason for the informant to falsely implicate the applicant. However, they could not dispute that no conventional weapon has been attributed to the applicant and the deceased died on account of some internal infection in his stomach.
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 applicant- Gopal be released on bail in the aforesaid case crime number on his 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 applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant 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 applicant.
Order Date :- 30.10.2018/ Vikas