Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15950 of 2016 Applicant :- Mulayam And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Kumar Gupta,Kamlesh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Kamlesh Kumar Tripathi for the applicants and Additional Government Advocate for the State.
Mulayam and Balwan (applicants-1 and 2) are in jail since 26.11.2014 in connection with Case Crime No.298 of 2014 under Sections 147, 148, 149, 506, 324, 304, IPC, P.S. Roora, district Kanpur Dehat.
Incident is alleged to have taken place on 23.10.2014 at 8-30 P.M. F.I.R. was lodged on 24.10.2014 at 1-10 P.M. In the F.I.R. it has been stated that Malkhan, the first informant was going to village Tedhva along with Mansingh (who died due to injuries received in this incident) and as soon as they reached before the village Tidhva under Badi Neem tree after the brick kiln, Manphool son of Kali Charan, Mulayam son of Manphool, Balwan son of Manphool, Pappu son of Gokul armed with lathi, danda and axe began to assault them due to which sever injuries were caused to Mansingh and injuries were also caused to the first informant. The medical of the first informant was done on 24.10.2017 at 3-35 A.M. in which 3 injures were found on his body i.e. (1) Multiple lacerated wound 6 x 5 cm skull deep on the back of skull. (2)Lacerated wound 2 x .05 cm, muscle deep, 6 cm right forearm. (3) Contusion 4 x 3 cm on arm. All the injuries were simple in nature.
In the post mortem report of Mansingh 9 injuries were found on his body. The cause of death has been noted as infection caused due to ante mortem injuries.
The statement of Malkhan Singh injured was recorded under Section 161 Cr.P.C. by the police in which he has given motive that his brother Shiv Singh who did milk business went on 23.10.2014 to Tidva for taking payment then at the fields in gambling some altercation took place between the accused and his brother which became the cause of the incident.
The counsel for the applicants submits that this was a night incident and no one had seen the assailants. In the F.I.R. only four accused were named while in the statement under Section 161 Cr.P.C. six persons were named. Injuries of Malkhan Singh, first informant are simple in nature and appeared to be manufactured. There was no motive for the applicants to cause any injury to the deceased Mansingh The applicants are in jail since 26.11.2014 and have completed 3 years and 7 months.
A.G.A. has opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the 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 The application is allowed.
Let each of the applicants, namely, Mulayam and Balwan, involved in Case Crime No.298 of 2014 under Sections 147, 148, 149, 506, 324, 304, IPC, P.S. Roora, district Kanpur Dehat, be enlarged on bail upon furnishing a personal bond and two sureties, each in the like amount to the satisfaction of magistrate/court concerned, subject to the following conditions:-
(i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
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 applicants to prison.
Order Date :- 31.5.2018 mt