Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39777 of 2019 Applicant :- Krishan Pal And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri P.N. Tiwari, Advocate on behalf of the informant is taken on record.
Heard learned counsel for the applicants, learned counsel for the complainant as well as Ms. Ladlee Pandey, learned AGA for the State and perused the record.
According to prosecution case, F.I.R. was lodged against seven accused persons, namely, Nirankar, Krishnapal, Nirmit, Shivam, Ankit, Sudhakar and Prashant alleging that on 20.2.2019 at 21:00 hours they assaulted Sher Singh. He died receiving five injuries (incised wound and lacerated wounds). Main role of assault to deceased has been assigned to Sudhakar and Prashant.
Learned counsel for the applicants submitted that applicants have been falsely implicated in the present case and are languishing in jail since 2.5.2019 ( near about five months) having no criminal history. Seven persons were roped in this case. So called injured Gautam has received no injury. Deceased died due to four head injuries on head caused by Sudhakar and Prashant. The case of the applicants is distinguishable from the case of co-accused- Sudhakar and Prashant. Except Sudhakar and Prashant, general role has been assigned against all accused persons. Co-accused Ankit Kumar and Shivam have already been granted bail by this Court vide orders dated 13.9.2019 and 24.9.2019 passed in Criminal Misc. Bail Application Nos. 35899 of 2019 and 38909 of 2019, applicants' case is identical to them and they are also entitled to bail on the ground of parity. In case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no criminal history and their case is identical to co-accused Ankit and Shivam who have been granted bail by this Court.
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 applicants Krishan Pal and Nirmit involved in Case Crime No. 36 of 2019, under Sections 147, 148, 149, 307, 323, 302, 504, 506 IPC, Police Station-Heempur Deepa, District-Bijnor be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them 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 :- 26.9.2019 A. Singh