Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39556 of 2019 Applicant :- Laxmi Kant Pandey @ Rohit Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Daga,Abhishek Kumar Jaiswal Counsel for Opposite Party :- G.A.,Sanjai Kumar Singh
Hon'ble Siddharth,J.
Heard Shri Amit Daga, learned counsel for the applicant,Shri Sanjai Kumar Singh, learned counsel for the informant and learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant Laxmi Kant Pandey @ Rohit Pandey with a prayer to release him on bail in Case Crime No. 92 of 2019, under Sections 307, 504, 506 IPC, Police Station Kotwali, District- Jhansi, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It has been further submitted that informant suffered head injury in road accident on 27.1.2019 at 2 P.m. and was admitted in the hospital. The statement of the doctor has been brought on record, who has stated that injury on the head of the injured was simple and his pulse rate, blood pressure, etc., were normal.There was 3 cm. cut on the head of the injured which was stated to have been caused in road accident. The C.T. Scan was conducted and same was found normal and patient was discharged on the same day at 6 P.M.It is further submitted that subsequently the statement of the doctor has again been recorded by the investigating officer wherein same doctor has stated in reply to question whether injuries could have resulted into death of the injured, that in case injuries had been more intense and blood discharged profusely,death could have been caused.
Learned counsel for the applicant has submitted that it is a hypercritical question which has been simply replied and it does not relevant to the fact of the case.The condition of the patient was normal. The applicant is languishing in jail since 9.8.2019.Criminal history of the applicant of one case has been explained in paragraph-2 of the supplementary affidavit, wherein he has already been acquitted on 7.11.2013. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant has submitted that perusal of the statement of another doctor, who has stated to have also examined the injured shows that there was blood oozing from wound of the injured like fountain and it appears that some fracture has been found in the internal part of the body, which resulted into unconsciousness of the injured,therefor he was referred to the medical college, Jhansi.He further submitted that informant infact caused injuries by 'Fortuner Car' and as soon as he discharged from the hospital he sent application to the S.S.P. Jhansi alleging that he was hit by the vehicle of the applicant and it was not a case of road accident.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Laxmi Kant Pandey @ Rohit Pandey involved in the 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 the investigation or 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, it shall be a ground 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 :- 27.9.2019 Atul kr. sri.