Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20707 of 2019 Applicant :- Lotan @ Sanjay Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Desh Ratan Chaudhary Counsel for Opposite Party :- G.A.,Amit Mishra
Hon'ble Aniruddha Singh,J.
Sri D.R. Chaudhary,earned counsel for the applicant and Sri Amit Mishra, learned counsel appearing for the complainant submitted that no bail application of any co-accused is pending in this Court. Sri P.K. Srivastava, learned A.G.A. admitted this fact.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons and two unknown persons, namely, Lotan, Pushpal and Chhatrapal alleging that on 12.12.2017 (time unknown), they assaulted father of the complainant Kshatrapal. He died after receiving three injuries-two lacerated wounds, one contusion and fracture was found on temporal bone. Co- accused Chhatrapal was arrested on the spot by the Police. During investigation, 'Banka' without blood stained used in the crime was recovered at the pointing out of the applicant (Lotan).
Learned counsel for the applicant submitted that applicant has been falsely implicated in the preset case due to previous enmity and is languishing in jail since 14.12.2017 (more than one year and eight months) having no criminal history. Due to heavy work load, there is no possibility to get this case decided in near future. No injury (incised wound) of 'Banka' was found on the body of the deceased. Co-accused-Chhatrapal, who was arrested on spot, has already been enlarged on bail by co- ordinate Bench of this Court vide order dated 8.1.2019 in Criminal Misc. Bail Application No. 26017 of 2018. During investigation, co-accused Pushpal was exonerated. F.I.R. was lodged after next day of the incident i.e. 13.12.2017. There is no intention or knowledge to kill the deceased. There is no independent witness against the applicant. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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.
Learned counsel for the complainant submitted that 'Banka' used in the crime was used from the opposite side hence lacerated wound was found. Injury no.2 was found on pinna, which may be incised wound caused by 'Banka'. Active role of the applicant is assigned and supported by medical evidence.
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 the applicant Lotan @ Sanjay Patel involved in S.T. No. 295 of 2018 arising out of Case Crime No. 567 of 2017, under Section 302, 34 IPC, Police Station-Cantt., District-Bareilly 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 :- 26.8.2019 OP