Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56044 of 2019 Applicant :- Ompal Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against 3 persons including the applicant making general allegation for committing marpit with deceased with Lathi and Danda. Thereafter, in second statement of informant it has come that co-accused Guddu caused injury to the deceased on his head. In the statement of witness Neeraj it has come that co-accused Guddu assaulted with Lathi on the head of the deceased. The allegation against the applicant and co-accused Bittu are that the applicant and co- accused Bittu committed marpit with deceased with kicks and fists. In postmortem report the cause of death of the deceased has been shown Cranial Cerebral damage as a result of blunt force impact. It has further been submitted that applicant had not caused head injury to the deceased. The role of causing injury to the deceased on his head with Lathi has been assigned to co-accused Guddu. There is general allegation against the applicant for committing marpit with kicks and fists. It has further been submitted that as per prosecution case the quarrel took place due to filling of water in which applicant and co- accused Guddu have also sustained injuries. The deceased died after 16 days of the alleged incident. After death of the deceased the case was converted under section 304 IPC. It has further been submitted that the case of the applicant is distinguishable from the case of co-accused Guddu. The applicant is an old man aged about 60 years. The applicant has no criminal history and is in jail since 12.9.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Ompal involved in Case Crime No. 301 of 2019, under section 323, 504, 506, 304 IPC, P.S. Shapur, District Muzaffar Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 17.12.2019 Masarrat