Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51676 of 2019 Applicant :- Jay Prakash Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Kumar Dixit Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Arvind Kumar Dixit, learned counsel for the applicant and Sri Prabhash Pandey, learned brief holder for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 77 of 2019 under Sections 304, 452, 147, 341, 323, 504, 506 I.P.C., Police Station Baburi, District Candauli, during the pendency of trial.
It has been argued by the learned counsel for the applicant that applicant has been falsely implicated. There are six other co- accused out of whom, co-accused Rajesh Yadav has already been granted bail by co-ordinate Bench of this Court vide order dated 24.7.2019 in Crl. Misc. Bail Application No. 29656 of 2019, copy of which is annexed at page 50-51 of the paper book. It is further argued by him that the name of the deceased is not mentioned in the F.I.R. as the person who has been beaten up by any of the accused, he has died of some other reasons. It is further argued that in post-mortem report, five injuries are found to have been caused to him and cause of death has been recorded as Coma as a result of head injury, which were ante- mortem but none was found suffered on the head. General allegations have been levelled against all the accused-applicant, even if it be assumed that any injury was caused to the deceased no specific role has been assigned to the applicant. Applicant has no previous criminal history. The applicant is languishing in jail since 13.10.2019. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Jay Prakash involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 A.P. Pandey