Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41988 of 2018 Applicant :- Parampal Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.,Tarun Kumar Tripathi
Hon'ble Harsh Kumar,J.
Counter affidavit filed by learned A.G.A. and rejoinder affidavit filed by learned counsel for the applicant, are taken on record.
Heard Sri K.D. Tiwari, learned counsel for the applicant, Sri Tarun Kumar Tripathi, learned counsel for the first informant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that the applicant has been falsely implicated for the murder of Prem Narayan on 30.8.2018; that as per averments made in F.I.R. the applicant along with his sons co-accused Pradeep @ Bauaa and Man Singh entered the house of deceased and upon exhortation by applicant co-accused Pradeep fired deceased in his head while co-accused Man Singh fired deceased in his hand; that the applicant has not been assigned with any role of causing injury to the deceased; that the applicant is not a previous convict and has explained his criminal history in para 2 of the rejoinder affidavit; that the case of applicant is distinguishable from Pradeep @ Baua and Man Singh; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 4.9.2018.
Learned A.G.A. and learned counsel for the first informant vehemently opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the 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 the applicant Parampal be released on bail in Case Crime No.211 of 2018, under Sections 147, 148, 149, 302, 452, 504 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Kulpahar, District Mahoba, on 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 :- 29.11.2018 Kpy