Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17865 of 2019 Applicant :- Kalicharan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Rajesh Kumar, learned counsel filed Vakalatnama on behalf of complainant, let it be taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. The FIR of the alleged incident was lodged against 3 persons including the applicant making general allegation for committing marpit with the deceased and injured persons. Informant Smt. Meera in her statement recorded under section 161 Cr.P.C. has stated that applicant and co-accused Ram Kesh caught hold the deceased and co-accused Ram Baran and Arvind caused injury to the deceased with Banka and axe. Banka has been shown in the hands of Ram Baran and axe has been shown in the hands of Arvind. She has further stated that co-accused Arvind caused injury to her with an axe. It has been further submitted that the role of catching hold to the deceased has been assigned to the applicant. The applicant had not caused any injury to the deceased as well as injured persons. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. The co-accused Ramkesh having identical role has already been released on bail by this Court vide order dated 18.4.2019 in Cr. Misc. Bail Application No.16067 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and he is in jail since 17.1.2019.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that the applicant is named in the FIR. In this incident Smt. Meera and Smt. Prema have sustained grievous injuries. The applicant has committed the alleged offence, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Kalicharan involved in Case Crime No. 10 of 2019, under section 34, 302, 307 IPC, P.S. Atrauliya, District Azamgarh be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and he shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.4.2019 Gss