Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20522 of 2018 Applicant :- Mallu Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 29.11.2017 against sixteen accused persons including the applicant; alleging that on 28.11.2017 they assaulted Santosh, Agardi, Sardi and Gauri with lathi-danda, spear (bhala), bricks and stones, they received injuries, resultantly Gauri died.
It is submitted by learned counsel for the applicant that co- accused namely Deepak, Dharmendra and Tilak have already been granted bail by this Court vide order dated 18.4.2018 & 10.5.2018 in Criminal Misc. Bail Application Nos. 14195 of 2018, 17534 of 2018 and 17588 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against all accused persons. No specific role was assigned against any accused. There is no independent witness against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 2.12.2017 (near about six months) having no criminal history and 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 and the case of present applicant is identical to co- accused Deepak, Dharmendra and Tilak who has been enlarged on bail.
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 Mallu involved in Case Crime No. 280 of 2017, under Sections 147, 148, 323, 304, 504, 506 IPC, Police Station Pipiganj, District Gorakhpur 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 :- 30.5.2018 A. Singh