Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Ninhu Paswan in Case Crime No. 220 of 2020, under Sections 147, 148, 323, 504, 506, 302 I.P.C., P.S.- Khutahan, District Jaunpur.
Learned counsel for the applicant has submitted that the accused applicant has been falsely implicated in this case. It is submitted that accused applicant with other co-accused persons have been named in the F.I.R. and in this case two persons from the complainant's side after some sustaining injury have died and four persons sustained injuries. Submission is that from the side of accused persons F.I.R. was lodged against nine persons of the informant for the offence u/s 147, 148, 323, 504, 506, 302 IPC. It is submitted that all accused persons from complainant's side have been granted bail and this fact has not been disputed by counsel for the informant. It is submitted that five co-accused persons have already been granted bail by the coordinate Bench of this Court. It is submitted that from complainant's side two persons have died whereas from side the accused one person has died. It is submitted that it is admitted fact that there is cross case of equally serious offence and because everyone has been released from the side of complainant, therefore, considering the case of parity with other co-accused, who has been granted bail the accused applicant should also be released on bail. It is further submitted that Marpeet has been committed by use of lathi, danda and road and no deadly weapon has been used in the commission of offence. Further submission is that there is no criminal history of the accused applicant and charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds, therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 25.8.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. and learned counsel for informant have vehemently opposed the prayer of bail and submitted that accused applicant has been assigned major role and therefore, he is not entitled for benefit of parity and thus his bail application should be rejected.
Having heard the submission of learned counsel of both sides and considering that when it is admitted fact that there is cross case in which nine persons from the complainant's side have been made accused in respect of equally heinous crime and all of them have been released on bail and five persons from the side of accused have already been granted bail, there is no reason for rejecting the bail application and thus, without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Ninhu Paswan be released on bail in aforesaid case crime on his 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 applicant 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 he is 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 applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant 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 applicant to prison.
Order Date :- 3.2.2021 Dhirendra/