Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7704 of 2021 Applicant :- Ompal Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Vashisth,Ashish Singh,Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
1- Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
2- The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 393 of 2020, under Sections 147, 148, 323, 324, 308, 302, 504 I.P.C., Police Station-Parikshitgarh, District-Meerut, during the pendency of trial.
3- As per the prosecution case in brief, informant Veer Singh lodged F.I.R. on 01.12.2020 against Sunil, Ompal (applicant), Praveen and Nitin alleging inter alia that on 01.12.2020, he had gone to the shop of Devi Singh to purchase some goods. On the way aforesaid accused persons met him and started abusing. When he tried to forbade them, they started beating him by kick, fist, lathi and danda. It is also alleged that when Neetu, Kalu and Vinod came for his rescue and intervened, they were also beaten whereby he, Kalu, Neetu and Vinod sustained serious injuries. Injured Vinod (now deceased) fell down being unconscious. He was taken to hospital, but he died in hospital.
4- It is argued by learned counsel for the applicant that applicant has been falsely implicated in this case with ulterior motive. Injuries found on the body of informant Veer Singh, Kalu and Neetu are simple in nature. Informant/injured Veer Singh in his statement has stated that the co-accused Sunil caused several injuries by lathi on the head of the deceased, but in the post-mortem report, there is no head injury to deceased Vinod. Applicant was not present at the spot. In this case charge sheet has been submitted. Co-accused Rahul and Pradeep have been granted bail by the co-ordinate Bench of this Court vide order dated 15.06.2021 in Criminal Misc. Bail Application Nos. 9801 of 2021 and co-accused Sunil has been granted bail vide order dated 12.08.2021 in Criminal Misc. Bail Application No. 24927 of 2021. The applicant has no criminal history and is languishing in jail since 03.12.2020. Lastly, it is submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
5- Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that informant is also injured in this case. Though the injured Kalu and Neetu have assigned general role of causing injuries to all the accused persons, but informant in his statement under Section 161 Cr.P.C. dated 02.12.2020 has assigned specific role of causing injury to the co-accused Sunil by lathi on the head and deceased died due to said ante- mortem injuries.
6- After having heard learned counsel for the parties, I find that informant/injured Veer Singh in his statement has stated that the co-accused Sunil assaulted the deceased on his head by lathi, but in the post-mortem report, no external injury has been noted on the body of the deceased and there is no head injury also. The cause of death is mentioned as shock and hemorrhage as a result of ante-mortem bony and visceral injury. Left side ribs were found fractured, but it is not clear that who is the author of the said internal injury. Incident took place in spur of moment. Applicant has no criminal history. Co-accused Rahul, Pradeep and Sunil have been granted bail. Considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail. Hence, the bail application is hereby allowed.
7- Let the applicant Ompal be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
8- It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 22.9.2021 Sunil Kr. Gupta