Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8724 of 2019 Applicant :- Pankaj Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kumar Shukla Counsel for Opposite Party :- G.A.,Ashutosh Pandey
Hon'ble Harsh Kumar,J.
Vakalatnama filed by Sri Ashutosh Pandey, Advocate on behalf of first informant, is taken on record.
Heard Sri Gaurav Kumar Shukla, learned counsel for applicant, Sri Ashutosh Pandey, learned counsel for first informant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated; that as per averments made in F.I.R. lodged by Smt. Mamta on 2.12.2018, on 30.11.2018 at about 8:50 p.m. co-accused Shyam Sunder came inside her house and caught her breasts and upon protest by making noise her brother Feku arrived there and when he protested, Shyam Sunder abused him and in the meantime applicant and others, named in F.I.R. arrived there with iron rods in their hands and abusing first informant and her brother assaulted them upon which her brother ran inside house but they dragged him outside the house and beaten him with kicks, fists and rod and Ram Ashish as well as Shyam Sunder caused him head injury with rod in their hands resulting in profuse bleeding from his head and when she reached for rescue Ram Ashish kicked her down and when neighbours arrived, they threatened them of life and with the help of Dial No.100 Police and villagers, her brother was admitted in Basti Hospital from where he was referred to Gorakhpur Medical College and then to Lucknow Medical College and died in the night of 1.12.2018; that injury report of first informant at Annexure-3 does not state any external injury except complaint of pain on back, chest and face and post- mortem report of deceased states two ante-mortem injuries, one contusion and one stitched wound over right side of head and cause of death has been mentioned as due to ante-mortem injuries; that in her statement under Section 161 Cr.P.C. first informant and injured witness Smt. Mamta has assigned role of causing head injury to Ram Ashish and Shyam Sunder as in F.I.R. and in her statement under Section 164 Cr.P.C. she has assigned above role to co-accused Ram Ashish; that applicant is not alleged to have caused head injury to deceased; that applicant has not caused any offence; that case of applicant is distinguishable from Ram Ashish and Shyam Sunder; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 3.12.2018.
Learned A.G.A. and learned counsel for first informant vehemently opposed prayer of bail and contended that bone of contention is Shyam Sunder, father of applicant on whose call other accused persons Ram Ashish etc. came with arms and committed incident in question.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment 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 applicant Pankaj be released on bail in Case Crime No.298 of 2018, under Sections 147, 148, 149, 323, 504, 506, 354, 452, 304 I.P.C., P.S. Kalwari, District Basti, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with 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 :- 28.2.2019 Kpy