Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54014 of 2019 Applicant :- Kamlesh Opposite Party :- State of U.P.
Counsel for Applicant :- Ganga Bhushan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. Initially an N.C.R. of the alleged incident was lodged under sections 323 and 504 I.P.C. against three persons including the applicant making general allegation for committing marpit with the deceased with lathi - danda. The deceased died on 18.7.2018 after 7 days of the alleged incident. The deceased was also medically examined on 12.7.2018 at 2.30 p.m. As per medico legal examination report two injuries have been found on his person. The injury no. 1 was lacerated wound on left side of head and injury no. 2 was contusion on right wrist joint. The injury no. 2 was simple in nature. The injury no. 1 was advised for X -ray but there is no X-ray report on record. As per post mortem report 3 injuries have been found on the body of the deceased. With regard to scalp findings it has been mentioned left side damage but no eternal damage has been found to the deceased and any bony injury has also not been found to the deceased on his head. The cause of death of the deceased could not be ascertained therefore, viscera was preserved but there is no viscera report on record. During investigation, in the statement of Smt. Jayanti Kori and Virendra Kori it has come that the applicant has caused injury to the deceased on his head with pati of cot. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. There is no criminal history of the applicant and is in jail since 19.8.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Kamlesh involved in Case Crime No. 292 of 2018, under Section 323, 504, 304 IPC Police Station Mauranipur District Jhansi 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will 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 :- 17.12.2019 Gss