Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51798 of 2019 Applicant :- Mahendra Pal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant and vakalatnama filed by Sri Laxmi Narayan Rathour on behalf of the complainant are taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA and perused the record.
Learned counsel for the applicant submits that the F.I.R. of the alleged incident was lodged against two persons including the applicant making general allegation for committing marpit with the deceased with kick and fists. In the postmortem report, no external marks of injuries have been found on the body of the deceased and the cause of death of the deceased has been shown shock and septicaemia & peritonitis. The applicant has not committed the alleged marpit with the deceased and has been falsely implicated in this case. No weapon has been shown in the hands of the applicant. There was no motive to the applicant to commit the alleged offence. Criminal history of the applicant has been explained in paragraph no. 2 and 3 of the supplementary affidavit filed in support of bail application. The applicant is in jail since 2.7.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that the applicant is named in the F.I.R. The applicant and co accused Rajpal Singh have committed marpit with the deceased with kicks and fists, consequently he died after 3 days of the alleged incident. The applicant has committed the alleged offence, therefore, applicant is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Mahendra Pal Singh involved in Case Crime No.58 of 2019, under Section 304 IPC Police Station Churkhi District Jalaun 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 27.11.2019 Gss