Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8385 of 2019 Applicant :- Rajeev Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Yadav,Rabindra Bahadur Singh,Yadvendra Singh Counsel for Opposite Party :- G.A.,Ajay Kumar Srivastava,Rajesh Kumar Yadav
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri H.P. Gupta, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four persons, namely, Hirendra alias Bhalu, Rajeev, Harinandan and Kush alleging that on 3.10.2018 at 17.30 Arvind alias Hori Lal, the brother of the first informant, was killed inflecting blows by iron road and sticks (saria and lathi-danda). He had received three injuries; two contusions and one abrasion. The injuries were on knee, pelvic region and abdomen. The cause of death is shock and hemorrhage as a result of anti mortem injuries.
Learned counsel for the applicant submitted that the applicant has been falsely implicated due to previous enmity. He is languishing in jail since 5.11.2018 (about ten months). The applicant has no previous criminal history and one complaint has been filed against the applicant after lodging of the present case. General role is assigned against all persons. One fatal injury was found on the body of the deceased but it is not clear that who was the author of that injury. Recovery of stick was falsely planted by police on the pointing of Hirendra alias Bhalu, Rajeev and Kush. There is no independent/eye witness account against the applicant. There is no possibility to get this case decided in short period in future due to heavy workload in trial court. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that 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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Rajeev involved in Case Crime No. 408 of 2018, under Sections 302/34 IPC, P.S. Merapur, District Farrukhabad 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 :- 26.9.2019 Manish Tripathi