Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43457 of 2018 Applicant :- Lorik And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandeep Kumar Chaturvedi,Surendra Mohan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against fifteen accused namely, Lorik, Sanwar, Bhorik, Jaihind, Prakash, Ganesh, Chhabboo, Shambhu, Dilip, Srichand, Sudarshan, Gorakh, Pramila, Sneshlata and Gyanmati alleging that on 10.6.2017 they assaulted Rupa, Manoj, Shanti, Ram Awadh, Shiv Kumar , Menka, Shiv Kumar, Menka and Rahul with iron rod, 'bhala and 'farsa'. Prakash was beaten to death and some other victims received serious injuries.
It is submitted by learned counsel for the applicants that the applicants are languishing in jail since 15.6.2017(more than one year and five months) having no criminal history. General role is alleged to have been assigned to all the accused and it is not ascertained who was author of causing injury to the deceased. They have been falsely implicated. Co-accused Ganesh, Shambhu and Dileep have been enlarged on bail by coordinate Bench of this Court vide order dated 6.9.2018 passed in Criminal Misc. Bail Application No.32254 of 2018(copy of order produced is taken on record). There is no independent witness. There is no possibility to get this case decided in near future. In case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. though opposed the prayer for bail but admitted that the applicants have 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 view that the applicants have made out a case for bail. The bail application is allowed.
Let applicants Lorik and Jayhind involved in Case Crime No.365 of 2017, under Section 147, 148, 149, 304, 323, 325, 504, 506, 120-B IPC, Police Station Campierganj, District Gorakhpur 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 subject to following conditions:-
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 :- 26.11.2018 P.P.