Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7364 of 2018 Applicant :- Pyare Prajapati Opposite Party :- State Of U.P. Counsel for Applicant :- Swati Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 757 of 2017 under Sections 302 and 379 I.P.C., P.S. Dullahpur, District Ghazipur.
According to F.I.R., prosecution case is that on 31.08.217 at about 3.00 a.m., the accused applicant came in a pickup and started stealing the sacks of rice which were loaded on a tractor of the first informant. The accused had been resisted in doing so, as a result of which the brother of the first informant was badly beaten and was pulled inside the pickup and after going some distance, he was thrown out from the said vehicle which resulted in causing him injuries resulting in his death. One of the assailants also fell down from the vehicle and got injured but succeeded in making a good escape from there.
It has been argued on behalf of the learned counsel for the accused applicant that he has been falsely implicated in this case; there is no concrete evidence against him regarding his involvement in the present crime and he is innocent; no specific role has been assigned to the present accused; he is in jail since 9.9.2017; he has criminal history of 7 cases, which has been explained in para 17, in which the accused has been granted bail in all the cases from he court below except one relating to Gangster Act in which he has been granted bail from this Court.
Learned A.G.A. has opposed the bail, however, he could point out only one piece of incriminating evidence in the present offence i.e. first informant had identified the present accused in hospital as the same person who was stealing the grains.
In view of the above arguements, looking to the quantum of the punishment, nature of the offence and the period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Pyare Prajapati involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.2.2018 A. Mandhani