Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19939 of 2018 Applicant :- Punwasi Harijan Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Sharma,Om Prakash Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Punwasi Harijan, Rahul Chaurasia, Baba Harijan and Manohar Harijan alleging that on 21.11.2017 they killed Dinesh Sonkar due to previous enmity. He received several injuries including head injury and resultantly died. On the statement of informant, Rahul Harijan was implicated in place of Rahul Chaurasia. One bloodstained stone and cycle of deceased was recovered subsequently on 28.11.2017 at the pointing out of accused Rahul Harijan. Accused Rahul Harijan stated in his statement under Section 161 Cr.P.C. that there was illicit relationship between him and wife of Punwasi Harijan and deceased also wanted to make illicit relationship with wife of Punwasi Harijan, hence Rahul Harijan hit on the head of deceased with stone while Punwasi Harijan, Baba Harijan and Manohar Harijan were catching hold his hands and legs.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 24.11.2017 (more than six months) having no criminal history. Motive has been shown against Punwasi Harijan and Rahul Harijan. General allegation has been made against the applicant. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
It is further submitted that the co-accused, namely, Manohar Harijan has already been granted bail by this Bench vide order dated 8th May, 2018 in Criminal Misc. Bail Application No. 17171 of 2018 (Manohar Harijan versus State of U.P.) and the case of the applicant stands of identical footing, hence the applicant is also entitled for bail on the ground of parity.
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 and period of custody, gravity of offence, 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 Punwasi Harijan involved in Case Crime No.657 of 2017, under Section 302/34 IPC, Police Station Kotwali Dehat, District Mirzapur 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.
(Aniruddha Singh, J.) Order Date :- 28.5.2018 Sushil/-