Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41327 of 2018 Applicant :- Pintu @ Shrawan Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 20.8.2018 after eleven days of the incident against four accused persons, namely Ramesh Chandra, Pintu, Radha Devi and Muniya Devi alleging that on 9.8.2018 they assaulted Sohan Lal. He received one injury and resultantly he died.
Learned counsel for the applicant submitted that the applicant is languishing in jail sine 25.9.2018 (about two months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; F.I.R. was lodged after thought and with due legal consultation due to previous enmity. On 16.8.2018, the daughter of the deceased has informed the Police Station that her father died due to illness. Subsequently, due to enmity the applicant has been falsely implicated even then only one injury was found on the body of the deceased and it is not ascertained who is the author of that injury; four persons have been roped in this case; there is no independent witness 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 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 Pintu @ Shrawan Kumar involved in Case Crime No. 134 of 2018, under Section 304 IPC, Police Station Paschim Shareera, District Kaushambi 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 :- 26.11.2018 OP