Vakalatnama filed today by Sri Anil Kumar Pandey, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri Ran Vijay Singh, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 30.8.2019 (after one and half months of incident) against three accused persons, namely Hridayram, Babu Dhadhi and Nan Babu alleging that on 16.7.2019 at night they assaulted Kartaram (father of complainant), he received four injuries, resultantly died on 19.10.2019 (after three months of incident). According to medical report, cause of death was found septicemic shock infected bed sore and B/L lung disease. During investigation, axe used in the crime without blood stained was recovered at the pointing out of Nan Babu. Wood stick (danda) without blood stained was recovered at the pointing out of Hridyaram and Babu Dhadhi.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There are general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. F.I.R. was lodged after one and half months of incident without explaining delay after thought and due legal consultation on the basis of suspicion and previous enmity. Incident took place at night, nobody has seen the incident. Axe used in the crime without blood stained was recovered at the pointing out of applicant but no incised would injury was found. Vide order dated 15.11.2019, the applicant has already been granted bail by co-ordinate Bench of this Court in the same case for the offence under Sections 323, 504, 506, 308 IPC. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 31.8.2019 (more than three and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 applicant Lateef @ Nan Babu involved in Case Crime No. 117 of 2019, under Section 304 IPC, Police Station Harraiya, District Balrampur 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 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.
4.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.
5.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 court below shall be at liberty to cancel the bail.
Order Date :- 18.12.2019 A. Singh