Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48726 of 2018 Applicant :- Pradeep Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Srivastava,Ram Bahadur Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A on behalf of the State and perused the record.
By means of this bail application, the applicant who is involved in Case Crime No.600 of 2018, under sections 304, 504 I.P.C., Police Station Bilsi, District Budaun.
As per prosecution case, Ritu has lodged FIR on 14.10.2018 at 00.18 o'clock in respect of alleged incident making allegation that on 13.10.2018 at about 7.00 p.m. Pradeep Kumar (applicant) was teasing her in front of her house, on raising objection, Kulbhushan and Satish of her village also came at the spot and assault her by kick and fist. It is said that Ritu was medically examined on 15.10.2018 and only one injury was found on her body which as per medical report caused by hard and blunt object, though there is no averment in the FIR regarding causing any injury by hard and blunt object. Later on, informant Ritu died in the hospital on 15.10.2018. Postmortem of the informant Ritu was conducted on 16.10.2018 in which cause of death has been shown as coma due to ante-mortem head injury. It is submitted by the learned counsel for the applicant that it is admitted case of the prosecution that occurrence did not took place in pre-planned manner. The injuries found on the body of the injured/deceased Ritu is not corroborated with the prosecution version as mentioned in the FIR. It is next contended that the applicant is aged about 24 years young boy and has no criminal antecedent. The averment in this regard has been mentioned in paragraph no.20 of the bail application. It is submitted that the applicant has been falsely implicated on account of a dispute regarding construction of a wall by the informant and her family members. The evidence of dispute regarding construction of wall has come in the statement of witnesses namely Smt.Varuna, Smt.Kiran, Smt.Sarita, Pallu and Jagdish. The applicant is in jail since 17.10.2018.
Learned A.G.A vehemently opposed the prayer for bail but could not dispute the fact that injury found on the body of deceased is not corroborated with the prosecution case as mentioned in FIR.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Pradeep Kumar, involved in Case Crime No.600 of 2018, under Sections 304, 504 I.P.C., Police Station Bilsi, District Budaun, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
iii) The applicant will not indulge in any unlawful activities.
iii) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 :- 19.12.2018/SKD