Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15374 of 2018 Applicant :- Naresh Opposite Party :- State Of U.P.
Counsel for Applicant :- Gajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed by Sri Tripurari Pal, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant,learned counsel for the complainant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Mahesh, Suresh and Naresh alleging that on 20.12.2017 they assaulted Mohar Singh by kicks & fists and with 'danda'. He received injuries and resultantly died. NCR was lodged on 24.12.2017 and after death of Mohar Singh, Section 304 IPC was added on 17.1.2018. According to postmortem report, cause of death was septicaemia.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 22.2.2018(more than two months) having no criminal history; he has been falsely implicated in the present case; general role was assigned to all the accused; there was no independent witness; deceased died after eight days of incident;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 and period of custody, gravity of offence, 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 involved in Case Crime No.17 of 2018, under Section 304, 323, 504 IPC, Police Station Ushait, District Budaun 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 :- 25.4.2018 P.P.