Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38459 of 2019 Applicant :- Mohan @ Mona Opposite Party :- State of U.P. Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Learned counsel Shri Arvind Singh has submitted that he has filed memo of appearance on behalf of the applicant, which is not on record.
Heard Shri Ajay Kumar Pandey, Advocate holding brief of Shri Manish Yadav appearing for the applicant and the learned A.G.A.
The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No.278 of 2019, under Section 304 IPC, Police Station Shikohabad, District Firozabad during the pendency of trial.
The prosecution case in nut-shell is that the complainant's son Deepu had gone along with the applicant and two others, namely, Laxman and Chhotey Lal on 21.3.2019 to play Holi and after his son was administered liquor and they left him under the bridge near canal. Later on some unknown person had telephonically informed the complainant that his son, Deepu is admitted in Shikohabad from where he was referred to Firozabad. Thereafter he was taken to Medical College, Agra for treatment where he died on 30.3.2019.
The submission of the learned counsel for the applicant is that the FIR has been lodged on 1.4.2019 in respect of the alleged incident nominating the applicant and two other persons that they had taken him on 21.3.2019. There is no explanation about the delay in lodging the FIR. There is no iota of evidence that the applicant was involved in any manner in getting drunk to the victim. There is great inconsistency in the prosecution case with the statement of the witnesses viz-a-viz the postmortem. The co-accused Laxman has already been granted bail by the co-ordinate Bench of this Court on 26.11.2019. The applicant is languishing in jail since 17.6.2019 having no criminal history to his credit deserves to be released on bail. In case the applicant is enlarged on bail he will cooperate with the trial and will not misuse the liberty of bail.
Per contra the learned A.G.A. has contended that postmortem report clearly reveals that the victim was brutally assaulted and on account of which, he fell unconscious and thereafter he died on 30.3.2019. Consequently, the FIR was lodged on 1.4.2019 which has been duly explained. There is no doubt about the involvement of the applicant along with other accused persons as the victim had gone along with them. Mere delay in lodging the FIR would not be fatal to the prosecution case, hence the applicant does not deserve to be enlarged on bail.
Looking to the facts and circumstances of the case but without expressing any opinion on the merits, let the applicant Mohan @ Mona involved in aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.11.2019 M. Tariq