Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7710 of 2019 Applicant :- Mangeram Opposite Party :- State Of U.P. Counsel for Applicant :- Mahipal Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Jagdish Prasad Mishra, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 21.8.2018 against eight accused persons, namely Bablu, Kalu, Rajendra, Harish, Mange, Raju, Bhubeer and Shivkumar alleging that on 18.8.2018, at the time of constructed a wall in the house, they assaulted Tejbali @ Babli, Renu and Mamata with lathi-danda, gadasa and ballam. Tejbali @ Babli received 13 injuries resultantly died. Injuries received by the injured are not dangerous to life.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There are general allegations against all accused persons. It is not clear from the prosecution case, who is the author of injuries due to which he died. There is no independent witness and no legal evidence against the applicant. There is no intention or knowledge to kill the deceased. F.I.R. was lodged after three days without explaining any delay. Offences levelled against the applicant are not attracted in the present case. After thought, the false story was developed with legal consultation due to previous enmity. He is languishing in jail since 2.9.2018 (more than five and half 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 counsel for the complainant opposed the prayer for bail and submitted that applicant armed with spear (bhala) and assaulted on the side of stick.
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.
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 applicant Mangeram involved in Case Crime No. 776 of 2018, under Sections 147, 149, 452, 302, 323, 120-B IPC, Police Station Khatauli, District Muzaffar Nagar 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 :- 25.2.2019 A. Singh