Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18913 of 2018 Applicant :- Naubhar Opposite Party :- State Of U.P. Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A.
AND Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18074 of 2018 Applicant :- Jaipal Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamesh Kumar Arya,Amit Rai Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Pavan Kumar, Sri Kamesh Kumar Arya & Sri Amit Rai, learned counsels for the applicants, learned A.G.A. for the State and perused the record.
The above said two bail applications have been filed by the applicants arise out of the same crime number, being Crime No.55 of 2018, under Sections 304, 323 & 504 IPC, Police Station Sherkot, District Bijnor, with the prayer to release them on bail, hence, both the aforesaid applications are being disposed of by this common order.
Submission of learned counsel for the applicants is that the applicants have been falsely implicated in this case on account of enmity which have been detailed in the first information report. According to prosecution on 11.2.2018 at about 9.45 P.M., the applicants and one other had assaulted the deceased by Danda. It is argued that in the postmortem report only one injury on the eye in the form of abrasion is noted and the Doctor has opined that the deceased died on account of myo cardial infection on account of clotted blood being found in the heart. It is next contended that so far as injury of the sole witness Rajednra Kumar Saini is concerned, except complaint of pain, no other external injury has been noted by the Doctor. It is submitted that co-accused Mahendra, who is also named in the first information report, has been enlarged on bail by the coordinate Bench of this Court in Criminal Misc. Bail Application No.12493 of 2018 by an order dated 5.4.2018. Lastly, it is submitted that the applicant- Naubhar is in jail since 13.2.2018 and applicant-Jaipal is languishing in jail since 12.2.2018, having no criminal history to their credit, deserve to be released on bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicants are entitled to be released on bail.
Let applicant Naubhar & Jaipal, be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicants shall not tamper with the prosecution evidence;
(2) The applicants shall not pressurize the prosecution witnesses;
(3) The applicants shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicants.
Order Date :- 27.10.2018 Hasnain