Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34058 of 2019 Applicant :- Pawan Opposite Party :- State Of U.P.
Counsel for Applicant :- Vikrant Neeraj,Chandrakesh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant Sri Hari Pratap Gupta, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against Sonu and one unknown person alleging that on 31.12.2018 at 19:00 hours they assaulted Dharmesh. He received four injuries, including abrasion and lacerated wounds on head and due to head injury he died. During investigation, the names of Pawan, Devi Singh and Deodutt Singh were surfaced. F.I.R. was lodged on the basis of evidence recorded in C.C. T.V. Camera.
Learned counsel for the applicant submitted that applicant is languishing in jail since 12.1.2019 (more than seven months) having no criminal history. The applicant is not named in the F.I.R. and F.I.R. was lodged on the basis of evidence recorded in C.C. T. V. Camera. The name of the applicant was surfaced after eight days of the incident after thought and with due legal consultation on the basis of suspicion. There is no recovery at the pointing out of the applicant. The applicant has been falsely implicated in the present case. There is no independent witness/eye witness account against the applicant. F.I.R. was lodged after one day of the incident even then the applicant was not named in the F.I.R.. Enmity and motive are against co- accused-Sonu. The case of the applicant is distinguishable from the case of co-accused Sonu and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that at the place of incident stick, etc. was recovered and not from the applicant but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Pawan involved in Case Crime No. 001 of 2019, under Section 302 IPC, Police Station-Sasni Gate, District-Aligarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 22.8.2019 OP