Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8873 of 2019 Applicant :- Mukesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Prakash Singh Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against four persons namely, Raju, Dinesh, Mukesh and Brijesh alleging that on 26.9.2018 they assaulted Mridul Kumar. According to postmortem report, he received ten injuries and died.
Learned counsel for the applicant submitted that on the same day Pradeep, Pramod and Mridul raped daughter of Raju. Pradeep and Pramod fled away and deceased Mridul was caught by the people; while trying to free away he fell down and died after sustaining injuries. That FIR was lodged as Case Crime No. 255 of 2018 against Pradeep, Pramod, Mridul, Janki Prsad, Veer Pal and Bahori Lal by Smt. Kishan Devi wife of Raju. Later on , these persons went to the house of applicant, abused and assaulted Rasika @ Soni. Thereafter, Rasika @ Soni committed suicide.
It is further submitted by learned counsel for the applicant that the applicant is languishing in jail since 4.10.2018(more than four and half month) having no criminal history. He is 'tau' of Rasika @ Soni and was living separately. He has been falsely implicated. General role is alleged to have been attributed to all the accused though deceased died due to fall only. There is no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and there is cross case No. 255 of 2018.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Mukesh involved in Case Crime No.228 of 2018, under Section 302 IPC, Police Station Chharra, District Aligarh 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 :- 28.2.2019 P.P.