Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30594 of 2019 Applicant :- Naresh Rajbhar Opposite Party :- State Of U.P.
Counsel for Applicant :- Bijai Prakash Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed by Sri Anish Kumar Singh, learned counsel on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri D.N. Tiwari, learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against five persons namely, Dharmendra Rajbhar, Naresh Rajbhar, Arvind Rajbhar, Sanjeev @ Bechu and Umesh Rajbhar alleging that on 12.6.2019 they assaulted Sudhir(father of complainant) with sticks(lathi-dandas) and iron rod. He received one injury on head and died. During investigation, bloodstained iron rod was recovered at the pointing out of Dharmendra Rajbhar who confessed that he had killed the deceased. Role of other accused are general in nature.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 13.6.2019(more than one and half months) having no criminal history. He has been falsely implicated. General allegations are made against the applicant. Nothing has been recovered at his pointing out. Even then specific role was assigned to Dharmendra Rajbhar. The incident is of night and nobody has seen the incident. There is neither any independent witness nor eye-witness account. 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.
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 Naresh Rajbhar involved in Case Crime No.55 of 2019, under Section 147, 148, 323, 504, 302 IPC, Police Station Bhudkuda, District Ghazipur 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 :- 30.7.2019 P.P.