Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40460 of 2018 Applicant :- Indrapal Opposite Party :- State Of U.P.
Counsel for Applicant :- Raja Ram Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No. 134 of 2018, under Sections 304 and 504, IPC, Police Station Jariya, District Banda.
Heard Sri Raja Ram Kushwaha, learned counsel for the applicant and Sri R. K. Maurya, learned AGA appearing for the State.
The contention of learned counsel for the applicant is that the applicant has been named in the first information repot alongwith three other accuse persons and all the four accused persons including applicant has been assigned general role of assaulting. As far as the FIR is concerned no weapon has been assigned to any of the accused persons.
We have also perused the injury report itself which shows that the victim has received one fatal injury. It is difficult to say as to who is the author of the said injury. We have also perused the order of trial court by means of which the bail application of the applicant was rejected. The applicant is in jail since 26.07.2018 with no previous criminal history.
Learned AGA appearing for the State opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Indrapal involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 26.10.2018 VKG