Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6891 of 2018 Applicant :- Manish Pasi Opposite Party :- State Of U.P. Counsel for Applicant :- Satyendra Mishra,Krishna Kumar Mishra 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 by Dileep Kumar (brother of deceased) against four accused persons, namely, Chandra Prakash, Chhotelal, Manish and Banti; alleging that on 1.1.2015 at the time of New Year's function, they assaulted the victim Kamlesh @ Rinku by Chapad and pelting stones and bricks as a result of which victim sustained one head injury on vital part and other injuries on non-vital parts of the body, due to which he died.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. General role has been assigned to all the accused persons and it is not known as to who caused the head injury to the deceased. Offences levelled against the applicant are not attracted in the present case. There was neither intention to kill nor accused had knowledge about death. There is no independent witness and no legal evidence against the applicant. Initially, the FIR was lodged under section 304 I.P.C which, subsequently, converted and charge sheet was submitted under sections 302, 323 I.P.C. The co-accused Chhotey Lal has been enlarged on bail by this Court vide order dated 29.5.2015 passed in Criminal Misc. Bail Application No. 15572 of 2015, and the case of the present applicant is identical. The applicant is languishing in jail since 2.1.2015 (more than four years and two 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. He also could not dispute the bail granted by this Court to co-accused Chhotey Lal.
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 Manish Pasi involved in Case Crime No. 01 of 2015, under Sections 302, 323 IPC, Police Station George Town, District Allahabad, 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 :- 28.2.2019 Iss/