Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38908 of 2019 Applicant :- Kunwar @ Ramkumar Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No.144 of 2019 under Section 304 IPC, Police Station Afzalgarh, District Bijnor during the pendency of trial.
Heard learned counsel for the applicant and the learned A.G.A. and also perused the material placed on record.
It is submitted by the learned counsel for the applicant that an FIR was registered on 4.6.2019 at 00.58 hours in respect of an incident occurred on 3.6.2019 at 4 P.M. that the applicant along with three persons after consuming liquor had brutally assaulted the complainant's son in a heat of passion.The applicant is absolutely innocent and has falsely been implicated in the present case. It is further submitted that there is great inconsistency in the prosecution case as in the FIR it is alleged that the injury was caused with lathi whereas the complainant in his statement recorded under Section 161 Cr.P.C. has stated that the injury was caused with fisti-cuffs. The postmortem report also indicates one fatal injury over the head and one injury on left arm, as such it is not ascertainable as to who has caused the fatal injury to the deceased. It is pointed out that co-accused persons, namely, Bhagirath and Bharath have already been granted bail by the co-ordinate Bench of this Court on 26.11.2019.There is no prospect of trial being concluded in near future due to heavy dockets.The applicant is languishing in jail since 10.6.2019 having no criminal history to his credit, deserves to be released on bail. In case the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has contended that on account of fatal blow with lathi, the victim was done to death mercilessly under the influence of liquor. As such the innocence of the applicant cannot be adjudged at pre trial stage. The applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Looking to the facts and circumstances of the case but without expressing any opinion on the merits, let the applicant Kunwar @ Ramkumar 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 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, the prosecution shall be at liberty to move an application 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 :- 27.11.2019 M. Tariq