Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3029 of 2019 Applicant :- Motichand Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Singh,Vinod Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Pramod Kumar Gupta, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri Mayank Mishra, brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely Sriram, Motichand, Radhika Devi and Rima Kumari alleging that on 21.9.2018 they assaulted Achchhelal Ram, Bideshi and Ashok Kumar with lathi-danda. Bideshi received two head 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. Co-accused Radhika Devi and Rima Kumar have already been granted bail by trial court. There is cross case in case crime no. 165 of 2018. It was a case of sudden fight and incident has taken place in spur of moment, applicant has also received injuries. At this stage, it is not possible to decide who is the aggressor. There are general allegations against all accused persons. Offences levelled against the applicant are not attracted in the present case. It is not clear from the prosecution case, who is the author of head injuries due to which he died. There is no independent witness and no legal evidence against the applicant. He is languishing in jail since 22.9.2018 (four 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.
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 Motichand involved in Case Crime No. 171 of 2018, under Sections 304, 323, 504 IPC, Police Station Ubhanw, District Ballia 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 :- 22.1.2019 A. Singh