Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40024 of 2017 Applicant :- Jasram Opposite Party :- State Of Uttar Pradesh Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A.,Ajay Kr Pandey,Ashutosh Pandey
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Vakalatnama filed by Sri Sanjay Singh, Advocate, appearing on behalf of complainant is taken on record.
According to the prosecution case the F.I.R. was lodged against five named and two unknown persons, namely, Amar Singh, Jasraj, Banti, Gajendra, Suresh Chandra alleging that on 05.06.2017 they assaulted Sudhakar and Samar Singh by firearm, sharp edged weapon, and lathi- danda and Sudhakar received two lacerated wound on head, four swelling injuries and due to injury on head he died; before this incident one incident was taken place when Nathuram was shot dead and case was registered as crime no.182 of 2017.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; the co-accused Samar Singh has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 13.03.2018 passed in Criminal Misc. Bail Application No. 9493 of 2018, copy of which has been taken on record; according to the statement of Samar Singh the role of Mahendra by spade, Amar by danda and Jasram by bricks was specifically assigned; but it is not specifically stated that who is the author of causing head injury to the deceased; the name of these accused were shown in the F.I.R. and they were identified that they were present at the time of incident; the statement of Samar Singh was recorded after three days of the incident; he stated the name of this accused afterthought and with due legal consultation; there is no legal evidence against this accused; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 24.08.2017 (more than eight months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 Jasram involved in the Case Crime No. 184 of 2017, under Sections 147, 148, 149, 323, 324, 302 I.P.C., P.S. Dauki, District Agra 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 breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.4.2018 A. Tripathi