Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24003 of 2018 Applicant :- Madan Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Kumar Jaiswal,Amit Daga,Ashok Kumar Tripathi Counsel for Opposite Party :- G.A.,Sudhir Kumar Agarwal
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard Sri Amit Daga, learned counsel for the applicant, Sri Sudhir Kumar Agarwal, learned counsel for the complainant and learned AGA for the State. Perused the record.
According to prosecution case, FIR was lodged against five accused persons namely, Devi Singh, Omveer Singh, Ram Kumar, Ravindra and Madan alleging that on 15.2.2018 they armed with 'saria, 'balkati', brick and stone, entered in the house of Vijendra and assaulted Vijendra, Satto, kamlesh and Prakashi. Smt. Kamlesh received two head injuries and two other injuries, and died resultantly. Bijender and Smt. Prakashi also received injuries but are not dangerous to life.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 19.2.2018(more than nine months) having no criminal history. Death was caused due to head injury and according to medical report fatal injuries were caused by sharp-edged weapon. According to statement of Vijendra, General role is said to have been assigned to all the accused. Thus, it is not ascertained as to who had caused fatal injuries. There is no independent witness. 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 and learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. Learned AGA admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence, considering the age 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 applicant Madan involved in Case Crime No.47 of 2018, under Sections 147, 148, 149, 304, 323, 452, 504, 325 IPC, Police Station Thana Bhawan, District Shamli 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.
However, it is expected that Trial Court shall decide the case expeditiously according to section 309 Cr.P.C.
Order Date :- 28.11.2018 P.P.