Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8285 of 2019 Applicant :- Hanif Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Vishal Agarwal,Anshika Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated in the FIR dated 5.10.2018 which states that on 4.10.2018 Aas Mohammad, who is truck driver, had gone to his Sasural and he used to take liquor and yesterday he taken liquor and applicant and two others had beaten him resulting in invisible injuries on his body for which he was treated in Hathras and due to injuries his abdomen was swollen and urine was stopped; that on postmortem of the body of deceased death was found due to shock and haemorrhage as a result of ante mortem injuries, which was mentioned as (1) no external injury (2) on cut, spleen found ruptured; that it is wrong to say that applicant committed any maarpeet with deceased on 4.10.2018 or on any other date; that applicant had no motive to commit maarpeet with deceased and no motive has been assigned to him for committing maarpeet; that in his statement under Section 161, Cr.P.C. first informant by way of improvement and in order to assign motive has stated that applicant and co-accused persons had borrowed money from deceased and for not making repayment he was beaten; that no specific role of causing injury on spleen of deceased has been assigned to applicant; that applicant may not be considered to be author of fatal injury to deceased; that it appears that deceased under over intoxication sustained invisible injuries by falling somewhere; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 9.10.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Hanif Khan be released on bail in Case Crime No. 390 of 2018, under Section 304 I.P.C., P.S. Mursan, District Hathras, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2019 T. Sinha