Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46156 of 2018 Applicant :- Narendra And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Nazrul Islam Jafri Counsel for Opposite Party :- G.A.,Anjeet Kumar Singh Jadav,Hemant Sharma,Santosh Kumar Rai,Varun Kumar Srivastava
Hon'ble Harsh Kumar,J.
Counter affidavit filed by Sri Hemand Sharma on behalf of first informant is taken on record.
Heard Sri N.I. Jafri, learned counsel for applicants, Sri Hemant Sharma, learned counsel for first informant, learned A.G.A. and perused the record.
Learned counsel for applicants contend that applicants have been falsely implicated for incident dated 11.07.2018, in which, applicants and six others allegedly committed marpeet with Babloo at 08:00 a.m. on 11.07.2018 resulting in his death; that as per averments made in FIR, some quarrel did take place between deceased and applicants and their associates in the night of 10.07.2018, and on 11.07.2018 at 08:00 a.m. when deceased was going to village Navinagar, applicants and their associates after making gherao assaulted on him with lathi, danda causing multiple injuries resulting in his death; that it is wrong to say that incident did take place in the manner as mentioned in FIR; that real fact is that on 10.07.2018, brother and son of first informant with their associates outraged the modesty of female family members of applicant Narendra, of which, FIR was lodged by wife of applicant no. 1 on 13.07.2018 at Annexure 5; that on 11.07.2018, brother and son of first informant with their associates assaulted accused persons and caused multiple injuries to 7 persons regarding which, FIR was lodged by Sri Nanak, father of applicant no.2; that injury report of deceased at Annexure 2 shows that he sustained single head injury, and as per postmortem report, death was caused due to ante-mortem head injury; that in FIR or in statement under Section 161 Cr.P.C. applicants have not been assigned with any specific role of causing head injury to deceased, rather collective role of causing injuries to deceased has been assigned to all 8 accused persons; that applicants may not be considered the authors of the fatal head injury of deceased; that in any case applicants were not aggressors; that applicants have no criminal history; that applicants undertake that they will not misuse the liberty of bail; that applicants are in custody since 16.07.2018.
Learned A.G.A. and learned counsel for first informant vehemently opposed the prayer of bail and contended that FIR of Case Crime No. 394 of 2018 under Section 376 IPC etc. has been lodged by wife of applicant no.1 with inordinate delay and deliberations with false and concocted facts, and no such incident ever taken place; that similarly, son and brother of first informant or their associates did not commit any criminal incident and did not cause any injury to accused side on 11.07.2018, of which, the false report has been lodged after inordinate delay through application under Section 156(3) Cr.P.C. at Annexure 6 as a matter of counter blast and to save accused persons from conviction under Section 302 IPC; that alleged injured Gurbachan and Karan Singh in their affidavit have denied the incident as alleged by applicants accused persons; that applicants have actively participated in the incident and are not entitled for bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, version and cross version of FIRs lodged by both side; 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.
Let the applicants Narendra and Suresh be released on bail in Case Crime No. 386 of 2018 under Sections 147, 323, 307, 302 I.P.C., P.S. Jahangirabad District Bulandshahar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that they are abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
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 :- 20.12.2018 M. ARIF