Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44944 of 2018 Applicant :- Prem Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rohit Nandan Pandey,Sanjeev Kumar Pandey Counsel for Opposite Party :- G.A.,Onkar Nath
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant and learned AGA for the State. Perused the record.
According to prosecution case, FIR was lodged on 10.5.2018 (after two months) against Prem Singh, Guddu and Pushpendra alleging that on 16.3.2018 they assaulted Veeri Singh(father of informant and brother of accused Prem Singh) by throwing stone. He received two head injuries and died resultantly.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 31.5.2018(more than five and half months) having no criminal history. Role has been assigned to the applicant. He is more than 55 years old. Incident happened on the spur of moment due to dispute between children of both the parties and whole family members of accused have been implicated in this case. There was no intention or knowledge to kill the victim. Victim died after one month of the incident. There is no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence, considering the age and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Prem Singh involved in Case Crime No.296 of 2018, under Section 304, 323 IPC, Police Station Kotwali Dehat, District Etah 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 :- 28.11.2018 P.P.