Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8590 of 2019 Applicant :- Manish Opposite Party :- State Of U.P.
Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Vakalatnama filed by Sri Dharmendra Pratap Singh, Advocate on behalf of first informant, is taken on record.
Heard learned counsel for applicant, learned counsel for first informant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated; that as per averments made in F.I.R. lodged on 20.10.2018 some dispute did take place between first informant and accused persons following which first informant along with his father went to place of accused persons at about 7:30 p.m. on 19.10.2018 for making a complaint upon which they were abused and all accused assaulted them with lathi, danda and iron rod resulting injuries to first informant and his father who was taken to C.H.C., Hathgaon, was referred to Fatehpur Sadar Hospital and then to Kanpur Hallet Hospital and was under treatment in I.C.U.; that death of father of first informant Krishna Pal Gupta did take place on 22.10.2018 during treatment; that post-mortem report of deceased indicates single head injury as cause of death; that first informant is also alleged to have sustained as many as four injuries but none of them was grievous; that no specific role of causing head injury to deceased has been assigned to applicant in F.I.R., however, in his statement under Section 161 Cr.P.C. by way of improvement first informant has assigned role of causing head injury to deceased, to applicant but later on in his additional statement under Section 161 Cr.P.C. he has again assigned general and collective role of causing injuries to all accused persons; that applicant may not be considered to be author of fatal injury caused to deceased; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 26.10.2018.
Learned A.G.A. and learned counsel for first informant vehemently opposed prayer of bail.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Manish be released on bail in Case Crime No.144 of 2018, under Sections 304, 323, 504, 34 I.P.C., P.S. Hathgaon, District Fatehpur, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2019 Kpy