Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24252
of 2021
Applicant :- Kamlesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Niraj Tiwari
Counsel for Opposite Party :- G.A.,Manvendra Narain Pathak,Shiv Lal
Hon'ble Mrs. Sadhna Rani (Thakur),J.
In Re:- Criminal Misc. Exemption Application No.Nil of 2021 The exemption application is allowed.
Order on Bail Application Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the record.
The instant bail application has been filed on behalf of the applicant Kamlesh Kumar with a prayer to release him on bail in Case Crime No.274 of 2021, under Section 304 I.P.C., Police Station Meja, District Prayagraj.
As per first information report, the allegation on the present accused and the co-accused is that on 19.05.2021 at 2:00 PM they had called the brother of the complainant and took him with them. As they were having enmity with the complainant so they started quarrel on the bridge of canal. The passerby persons saw the same. They also saw that present accused- Kamlesh and co-accused Akash Kumar during the quarrel pushed Jai Prakash Yadav (the brother of the complainant) into the canal. Jai Prakash died as a result of drowning. It is further argued that if they were having enmity why the complainant sent his brother alongwith the accused persons. The incident is dated 19.05.2021 while the first information report was lodged on 22.05.2021. There is no missing report. Only on the basis of hearsay evidence the complainant has presumed the death of his brother as a result of pushing by the accused persons.
Learned A.G.A. has opposed the bail application and argued that the passerby perons viewed the incident that during quarel the present accused and his companion pushed the deceased into the canal. The statement of the same effect of the complainant is on record. The charge-sheet has been filed against the applicant and co-accused. Hence, the bail is opposed.
From the perusal of the record, it is clear that on 19.05.2021 at 2:00 PM, the present accused and his companion are said to have called the deceased and took him with them. The dead body of the deceased is said to have found on 21.05.2021 at 10:00 AM. During this period the complainant has not lodged any F.I.R. against the accused persons. There is not even a single witness on the record, who could say that the present accused alongwith his companion had intentionally pushed the deceased into the canal. However, the statements of some witnesses are on record. According to which, during quarell the deceased slipped into the canal and as a result his death was caused.
Inquest report and postmortem report both are on record. In the inquest report, it is mentioned that the deceased fell down into the canal from the bridge. Though, in the inquest report the injury on the head of the deceased is disclosed. But as per postmortem report, the death of the deceased is shown due to Asphyixa as a result of ante mortem drowning. No external injury on the person of the deceased has been shown in PM. Though, the charge-sheet is said to be filed but there is no evidence on record to show that the applicant intentionally pushed the deceased into the canal and caused his death.
Upon hearing learned counsel for the parties and after perusal of record and considering the complicity of offence, severity of punishment, period of custody as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
The bail application is allowed.
Let the applicant Kamlesh Kumar be released on bail in Case Crime No.274 of 2021, under Section 304 I.P.C., Police Station Meja, District Prayagraj, on furnishing a personal bond and two sureties in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 21.12.2021 Radhika