Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46913 of 2018 Applicant :- Man Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Shashi Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Man Singh, who is involved in Case Crime No. 311 of 2018, under Section 304 I.P.C., P.S. Sumerpur, District Hamirpur, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number, which was initially reported as an occurrence of non cognizable nature, stating therein that accused-applicant was quarrelling with his mother and when informant intervened, accused-applicant gave assault to her resulting open and internal injury to her, whereas in medical papers, there is no grievous injury over deceased. Two ante mortem injuries of abrasion of size 6cm x 3cm over right chest and next abrasion on left chest 7.5cm x 4 cm has been found by medical officer, who conducted autopsy examination of deceased on 26.7.2018. Cause of death was ante mortem cardiac arrest and not above ante mortem injuries, alleged to be caused by accused-applicant. After death, this case was added with Section 304 I.P.C. for which there was no motive at all. Accused-applicant is with one criminal history, which has been explained by him. He has been acquitted in remaining four cases shown as criminal history. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Perusal of non cognizable report reveals that it was got lodged by informant herself about alleged assault by accused-applicant resulting injury over her person. Subsequently, she died and this Case Crime No. 311 of 2018 was registered for offence punishable under Section 304 I.P.C.. This was upon report of Suresh Kumar against accused-applicant. Inquest report coupled with autopsy report reveal that death was owing to cardiac arrest. Injuries on person were abrasions. Accused- applicant is with one criminal history, in which he is on bail.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Man Singh, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 31.5.2019 NS