Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15064 of 2018 Applicant :- Hariom Opposite Party :- State Of U.P. Counsel for Applicant :- Vikas Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Awadhesh Prasad Pandey, Advocate on behalf of one Balaram is taken on record.
Heard Sri Vikash Tiwari, learned counsel for the applicant, learned counsel for the complainant and learned learned State Law Officer and perused the record.
According to prosecution case, the first information report was lodged on 24th Nomvember, 2017 at 17:00 hours by the first informant Angoori Devi against three accused persons, namely, Hariom, Devendra and Keshkali; alleging that on 24th November, 2017 they assaulted Kriparam (husband of the complainant) with lathi-danda, he received injuries resultant died. Specific role has been assigned to co-accused Devendra.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. No specific role is assigned against the applicant. There is general allegation against the applicant. Main role is assigned to co-accused Devendra. Offences levelled against the applicant are not attracted in the present case. There is no independent witness against the applicant.
It is further submitted that co-accused, namely, Keshkali has already been granted bail by this Bench vide order dated13th April, 2018 in Criminal Misc. Bail Application No. 13648 of 2018 (Keshkali vs. State of U.P.) and the case of the applicant stands of identical footing, hence the applicant is also entitled for bail on the ground of parity. He is languishing in jail since 26th November, 2017 (near about five months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Hariom involved in Case Crime No. 244 of 2017, under Sections 302 and 323 of the Indian Penal Code, Police Station Tahroli, District Jhansi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. The applicant 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 her 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 court below shall be at liberty to cancel the bail.
(Aniruddha Singh, J.) Order Date :- 24.4.2018 Sushil/-