Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40615 of 2018 Applicant :- Lakhandar Opposite Party :- State Of U.P.
Counsel for Applicant :- Gyanendra Prasad Mahant Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Gyanendra Prasad Mahant, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Jittan in Case Crime No.3 of 2018, under Section 304 I.P.C., Police Station Kerakat, District-Jaunpur with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case on the basis of suspicion and enmity. The incident is said to have taken place on 3.1.2018 at about 11.30 p.m. in which the wife of the deceased has stated that on account of some money transaction, the applicant and two other co- accused assaulted her husband with lathi, danda and rod. In the F.I.R. neither she claimed herself to be an eyewitness nor disclosed name of the witnesses. However, during investigation, the prosecution introduced one Chandu on 12.2.2018 who claims himself to be eye-witness. It is argued that the said witness is a got up witness who was introduced after a great delay and no reliance can be placed on his statement. It is argued that according to prosecution the deceased was assaulted by blunt object weapon, however, he has sustained incised wound which has not been duly explained by the prosecution. Similarly placed co-accused Jittan has been enlarged on bail by me by an order dated 12.10.2018 passed in Criminal Misc. Bail Application No.24519 of 2018, a copy of bail order has been produced by learned counsel for the applicant, is taken on record. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 12.4.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Lakhandar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 26.10.2018 Hasnain