Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56599 of 2019 Applicant :- Puspendra @ Chipu Opposite Party :- State of U.P.
Counsel for Applicant :- Rafeek Ahmad Khan,Akhilesh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Rafeek Ahmad Khan, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Puspendra @ Chipu with a prayer to enlarge him on bail in Case Crime No. 303 of 2019, under Sections 302, 201 I.P.C., Police Station Kotwali Nagar, District Banda.
As per prosecution version the dead body of the deceased was recovered on 23.04.2019 in the morning and the first information report was lodged on 18.05.2019 by S.I. Naresh Chandra Nigam against unknown persons. subsequently, during investigation, the name of the accused applicant came in light as some of the witnesses have stated that in the preceding night, the accused-applicant was quarreling and beating the deceased.
Learned counsel for the applicant has submitted that the first information report of the alleged incident was lodged after about 25 days, even though the dead body was already recovered. Another submission is that it has come in the evidence that the deceased was heavy drunker and the witnesses on whose statement, the prosecution has relied have also stated that on the date of incident also, the deceased had drunk. The post-mortem report shows that there were six injuries on the body of the deceased and two of them have been found on the skull and face. infact, the second injury is in the form of abrasion. The death of the deceased has not been caused by using any deadly weapon. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 26.05.2019, hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has submitted charge sheet.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 19.12.2019 sailesh