Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32672 of 2021 Applicant :- Mewa Lal Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Kumar Saroj,Nitesh Vishwakarma,Vinod Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 0327/2020, under Sections 147, 148, 149, 323, 304, 325, 504, 506 IPC, police station Baragaon, District Varanasi with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that the F.I.R. was lodged against four named and one unknown person under Sections 147 and 323 IPC on 26.07.2020 at 23.05 hours. It was further submitted that in the alleged incident, both sides have sustained injuries and that a cross-case was also registered from the side of applicant vide crime no. 328/2020, under Sections 147, 323, 504, 506 IPC and Section 3(1)(gha) and Section 3(1) (da) of SC/ST Act, police station Baragaon, district Varanasi on 26.07.2020. It was also submitted that on 27.07.2020 deceased Sikandar has expired and thereafter Section 304 IPC was added. It was submitted that deceased has sustained only three injuries and that one injury was on head and that there is no such specific evidence that which of the accused is author of the said fatal injury and that only general role has been assigned to all the accused persons including applicant. It was further submitted that one person has died from the side of applicant and that one more has sustained injuries. It was submitted that it was a case of free fight between two groups and both sides have sustained injuries and causality and that there is no specific evidence, so far, who was the aggressor. Learned counsel has submitted that similarly placed co-accused Khova Lal, Satish Saroj and Chandan have already been enlarged on bail by co- ordinate Benches of this Court, copies of which have been produced and the same are taken on record. It has further been argued that the applicant is in judicial custody since 18.01.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. However it could not be disputed that the similarly placed co-accused have already been granted bail by co-ordinate Benches of this Court.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Mewa Lal involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 29.10.2021 Anand