Heard learned Counsel for the applicants, learned A.G.A. as well as learned counsel for the complainant and perused the record.
Learned counsel for the applicants submits that the F.I.R. of the alleged incident has been lodged against four persons including applicants making general allegation of mar-peet with the deceased. At the time of the medical examination four injuries were found on the body of the deceased. As per medical report all injuries were simple in nature except injury nos. 1 & 2. In post-mortem report only one injury has been found on the body of the deceased and cause of death has been shown shock & hemorrhage due to head injury coma but it has not been specified that as to who was the author of the said injury. It has further been submitted that co-accused Amarjeet @ Bhollarey/Kollarey and Harish Chandra having identical role have already been granted bail by this Court vide orders dated 29.10.2015 and 18.11.2015 respectively, therefore, the applicants are also entitled for bail on the ground of parity. The applicants are in jail since 21.08.2015.
Per contra, learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail and argued that the applicants and other co-accused have committed the alleged offence, therefore, the applicants are not entitled for bail.
Having given my thoughtful consideration to the submission 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 applicants Makalu @ Vinod and Manu @ Ranjeet involved in Case Crime No. 233 of 2015, Under Sections 323, 504, 308, 304 I.P.C., Police Station Aspur Deosara, District Pratapgarh, 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 with the following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not pressurize/intimidate the prosecution witnesses and cooperate with the trial.
3. The applicants 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 applicants.
Order Date :- 25.1.2016 Jitendra