Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28387 of 2020 Applicant :- Lallu Giri Opposite Party :- State of U.P.
Counsel for Applicant :- Ishan Deo Giri,Nuruddin Khan Counsel for Opposite Party :- G.A.,Manish Kumar Pandey,Vipin Kumar Singh
Hon'ble Om Prakash-VII,J.
Crl. Misc. Exemption Application No.1 of 2021 is allowed. Counter affidavit filed on behalf of the State is taken on record.
Heard Sri Nuruddin Khan, learned counsel for the applicant, learned A.G.A for the State as well as Sri Vipin Kumar Singh, learned counsel for the informant and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case. Initially, in this matter, only NCR was lodged. When deceased died, case was converted into the offence under section 304 IPC. It is further submitted that one NCR had also been lodged on part of the applicant against the informant side. Both sides sustained injuries in the incident. Marpeet took place at the spur of moment out of grave and sudden provocation. Offence under section 304 IPC is not attracted in this matter. Learned counsel has referred to the statement of eye account witnesses and further argued that witness Smt. Sheela herself has admitted that one person belonging to the applicant's side has also sustained injuries in the incident. Referring to the aforesaid fact, it is further argued that applicant is languishing in jail since 6.6.2020 having no criminal antecedents. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail and argued that a prima facie case is made out against the applicant. Since main role of causing injury to the deceased has been assigned to the applicant, thus all the ingredients of the offence u/s 304 IPC is attracted in this matter against the applicant. At this stage, leaned counsel for the informant has referred to the statement of witnesses recorded under section 161 Cr.P.C. as well as medical evidence including the postmortem report and further argued that applicant caused injury on the head of the deceased due to which he died on the day of incident itself.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Lallu Giri involved in Case Crime No.63 of 2020 under Sections 304, 323, 504 IPC, Police Station Jigna, District - Mirzapur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
4. The applicant 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 him 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 29.10.2021 ss