Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21868 of 2019 Applicant :- Manavvar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shivam Yadav,Akhilesh Singh Counsel for Opposite Party :- G.A.,Dilip Kumar Singh
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant be taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against ten named persons including the applicant and some unknown making general allegation for committing marpeet with the deceased and injured person. The injuries of injured person are simple in nature.The injuries of injured person are not fatal to their life. As per postmortem report only one injury has been found on the body of the deceased. The cause of death of the deceased has been shown shock and hemorrhage as a result of ante-mortem head injury but it has not been specified as to who is author of the said head injury. It has further been submitted that there is general allegation against the applicant . No specific role has been assigned to the applicant. It has further been submitted that the applicant has no concern with the alleged incident. He has falsely been implicated in the present case. The recovery of danda has been shown on the pointing out of the applicant and the recovery of iron rod has been shown on the pointing out of co-accused Sakir. It has further been submitted that false recovery has been planted against the applicant. There was no motive to the applicant to commit the alleged offence. There is no criminal history of the applicant and he is in jail since 6.2.2019.
Per contra, learned A.G.A as well as learned counsel for the complainant opposed the prayer for bail and argued that the applicant and other co-accused have entered in the house of the deceased and have committed marpeet with the deceased and his family members. In this incident six persons including the deceased have sustained injuries, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Manavvar involved in Case Crime No. 45 of 2019, under Sections 147, 148, 149, 452, 307, 302 P.S. Titavi, District Muzaffar Nagar 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 co-operate 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 :- 31.5.2019 A.