Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47483 of 2018 Applicant :- Jageshwar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Milan Dwivedi,Anil Kumar Dubey,Pulak Ganguly Counsel for Opposite Party :- G.A.,Ashok Gupta
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Pulak Ganguly, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application. No one is present on behalf of the complainant in the revised call.
Counter affidavit filed today by learned A.G.A. is taken on record.
The present bail application has been filed by the applicant Jageshwar with a prayer to enlarge him on bail in Case Crime No. 141 of 2018, under Sections 304, 323, 504, 506 I.P.C., Police Station Bisanda, District Banda.
As per prosecution story, the incident took place on 04.08.2018 at 05:00 P.M. in respect of which an F.I.R. was lodged by Smt. Shiv Kumari stating that when her husband Ram Dayal was cleaning the drain outside the house, the accused persons Jageshwar and his son namely Rajesh came there with lathi and danda in their hands and prevented her husband from cleaning the drain. When her husband opposed, both the accused persons started abusing and beating him by ladhi and danda. On raising hue and cry, the persons of the locality came there and thereafter the accused persons went from there threatening him with dire consequences. Her husband was badly injured. On being dialing 100 number, the police came there, which took the injured to the hospital, from where, the injured was referred to the District Hospital, Banda and during treatment, on 07.08.2018, he died.
Learned counsel for the applicant has submitted that the first information report was lodged on fourth day of the incident from the date of incident and this delay has not been explained. In the post-mortem report, three injuries were found on the body of the deceased. The statements given by the witnesses are contradictory. The post-mortem report shows that the deceased died due to shock, hemorrhage and bleeding. There was no direct evidence to connect the accused applicant with the crime and the first information report is fabricated on the basis of improvements made by the witnesses. The deceased was a patient of Uretoule Calculas (stone) due to which, earlier a surgery was conducted on him. He was admitted in the hospital on 24.08.2017 and discharged on 27.08.2017. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 09.08.2018, hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 31.7.2019 sailesh