Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8735 of 2019 Applicant :- Mukesh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Puneet Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicants have been falsely implicated; that as per averments made in F.I.R. lodged by Mitrapal Singh on 2.1.2019, his son Sonu was beaten by applicants and co-accused persons on 29.12.2018 over charge of theft on him causing multiple injuries to him whereafter both parties compromised and first informant sent his son for treatment by Dr. Raees Ahmad and when his condition did not improve, he was taken to Phot-on Hospital, Rampur Tiraha, Moradabad and, thereafter, referred to Cosmos Hospital, where he died on 2.1.2019; that post mortem report of deceased states as many as 06 injuries on the person of deceased including solitary head injury and his death was opined due to coma as a result of ante mortem head injury; that on 30.12.2018 itself co-accused Mahipal made an application to police station concerned that Sonu was caught red handed during theft at his house and later on a compromise did take place between above Mahipal and victim Sonu, copy at Annexure No.3; that alleged theft did not take place at the house of applicants and applicants had no motive to commit marpeet with deceased; that moreover applicants have not been assigned with any specific role of causing head injury to deceased; that alleged theft was committed at the place of co- accused Mahipal and case of applicant is distinguishable from co-accused Mahipal; that applicants have no criminal history; that applicants undertake that they will not misuse liberty of bail; that applicants are in custody since 4.1.2019.
Learned A.G.A. vehemently opposed the 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 applicants Mukesh and Rajaram be released on bail in Case Crime No.0003 of 2019, under Sections 147, 304 I.P.C., P.S.Bhagatpur, District Moradabad 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 applicants 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 they are 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 applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants 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 :- 28.2.2019 Tamang