Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25379 of 2019 Applicant :- Prempal Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar,Amit Rana,Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant Prempal, who is involved in Case Crime No. 341 of 2018, under sections 302, 147, 148, 149, 336, 323, 504 IPC, police station Soron, district Kasganj, is seeking enlargement on bail during the trial.
The first information report was lodged by the complainant against the present applicant as prayed for and other co- accused, namely, Sohan Lal, Amar Singh, Mohan Lal, Lakhan Singh, Munna Lal, Chotey Lal, Sukh Devi and Sukhi. In the FIR, the complainant alleged that on 11.06.2018 at about 6.00 a.m., the accused persons with intention to achieve common object and having armed with lathi, danda, spear and bricks, barged into the house of complainant and the present applicant Prempal assaulted the son of complainant with his spear on his neck, due to which he died at the spot and from the side of complainant namely, Dharmendra, Pappu, Shaym Babu have also received grievous injuries. In the FIR, it is also mentioned that the complainant was not having any enmity with the accused persons. The applicant Prempal was fond of drinking liquor and complainant had asked him not to consume liquor, due to which the accused applicant Prempal was having inimical terms with the complainant and his family members.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. Learned counsel for the applicant further submitted that the present applicant is in jail for more than three years and the trial has not yet been concluded. He further submitted that the incident had taken place at the spur of moment and both the complainant the applicant are neighbours. The quarrel had taken place on the simple dispute of throwing garbage of the house. Sohan Lal, brother of present applicant has also sustained injuries in the incident and from the side of complainant, a complaint case has been lodged, which is pending before the court concerned. Learned counsel for the applicant also submitted that the due to heavy pendency of cases before the trial court, there is no likelihood of early conclusion of the trial in near future. He submitted that applicant is languishing in jail since 27.06.2018, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and considering the period of detention of applicant in jail for more than three years and the fact that Sohan Lal, who is the brother of the applicant, has also received injuries in the incident, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Prempal, be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 21.12.2021 Sazia