Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57414 of 2019 Applicant :- Lal Bahadur And 3 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
Learned counsel for the applicants submits that the first information report of the alleged incident has been lodged against 7 persons including the applicants making general allegation for committing marpit with the deceased and injured persons. The alleged incident is said to be taken place on 21.10.2019 at about 6.00 a.m. The police has also challaned both the parties under sections 151/107/116 Cr.P.C. The deceased Ramawati Devi died on 22.10.2019. Thereafter, the F.I.R. of the alleged incident has been lodged on 22.10.2019. It has been further submitted that from the side of applicants one person namely Sabhapati has also sustained injury. The N.C.R. under sections 323 and 504 I.P.C. has also been lodged from the applicants side. It has been further submitted that as per post mortem report four injuries have been found on the body of the deceased. The cause of death of the deceased has been shown haemorrhage, shock and coma as a result of ante mortem head, chest and abdomen injuries. There is general allegation against the applicants and no specific allegation has been assigned to the applicants. It is not specified as to who is author of these fatal injuries. Nothing incriminating article has been recovered from the possession of the applicants or on their pointing out. The co-accused Sunita has already been released on bail by this court vide order dated 19.12.2019 in Cr.Misc. Bail Application No. 56753 of 2019 therefore, applicants are also entitled for bail. There is no criminal history of the applicants and they are in jail since 23.10.2019.
Per contra, learned AGA has 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 applicants Lal Bahadur, Sabhajeet, Indrajeet and Dinesh involved in Case Crime No. 278 of 2019, under Section 147, 148, 452, 323, 504, 304 IPC Police Station Chandwak District Jaunpur be released on bail on their 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 applicants will not tamper with the evidences.
2. The applicants will not pressurize/intimidate the prosecution witnesses and they will cooperate with the trial.
3. The applicants 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 applicants.
Order Date :- 20.12.2019 Gss