Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31475 of 2019 Applicant :- Gulab And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Shekhar Sharma Counsel for Opposite Party :- G.A.,R.P.Rajan
Hon'ble Siddharth,J.
Heard learned counsel for the applicants, Sri R. P. Rajan, learned counsel for the informant and learned A.G.A. for the State.
Submission is that the applicants have been assigned general role of causing injuries to three injured by leg, fist and danda. The injured are Smt. Rekha Devi, Hazari Prasad and Rohit. Injuries of Smt. Rekha Devi and Rohit are found to be simple in nature. However, one injury on the parietal bone of the injured, Hajari Prasad, has been found to be grievous by the Doctor. Learned counsel for the applicant has submitted that since general role has been assigned to the applicants, it cannot be said at this stage who caused the aforesaid injury to the injured, Hazari Prasad. Applicants are collateral of the informant side and there is dispute regarding passage between their house, which has resulted into quarrel since both want to grab the same. The applicants are in jail since 17.07.2017 and are real brothers.
Per contra, Sri R. P. Rajan, learned counsel for the informant, has vehemently opposed the bail and has stated that applicants have mercilessly beaten the injured and they do not deserves to be enlarged on bail. The Investigating Officer was in collusion with the accused persons, therefore initially he did not implicate them under Section 308 I.P.C. and the first information report only registered under Sections 504, 506, 323 I.P.C. Subsequently on account of injuries on the head of the injured Section 308 I.P.C has been added. Charge sheet has been submitted in this case.
Learned AGA has also opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicants, Gulab, Ram Chandra, Subash and Harish Chandra involved in Case Crime No.37 of 2019, under Sections 323, 504, 506, 308 IPC, Police Station Mirzamurad, District- Varanasi be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 27.9.2019 SS