Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49346 of 2019 Applicant :- Munendra @ Monu Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Mishra,Shri Anoop Trivedi ,Senior Adv.,Vimlendu Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Rejoinder affidavit and Supplementary affidavit have been filed by the learned counsel for the applicant and the same is taken on record.
Learned A.G.A. has filed counter affidavit, the same is also taken on record.
Heard Sri Anoop Trivedi, learned Sr. Advocate assisted by Sri Rajesh Kumar Mishra & Sri Vimlendu Tripathi, learned counsel for the applicant and Sri B.A. Kha, learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 484 of 2019 under Sections 304 & 34 I.P.C., Police Station Jewar, District Gautam Budh Nagar, during the pendency of trial.
Learned counsel for the applicant contends that applicant was friend of deceased- Deepak. Both of them had gone to dine out along with one Satish, the waiter of which has stated about the fact that they had meals together and had taken liquor also. The attention is also drawn to the statement of ATM guard, Om Prakash, who had seen that Deepak was lying on the ground and he was being lifted by the accused-applicant and thereafter he was taken to hospital. It is further argued in this backdrop that after having consumed liquor, deceased-Deepak had fallen down on his own and suffered some injuries because of which he had to be admitted in hospital and he was taken to hospital by accused-applicant as well as one Satish. He has also drawn attention to the post-mortem report, in which one ante-mortem head injury is found to be cause of death. On account of suspicion, family members of the Deepak had lodged the F.I.R. against the accused-applicant. He had not committed offence. Applicant has no previous criminal history. The applicant is languishing in jail since 22.8.2019. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Munendra @ Monu 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 the investigation or 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, it shall be a ground 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 :- 26.11.2019 A.P. Pandey