Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43696 of 2021 Applicant :- Rajendra Kumar And 2 Other Opposite Party :- State of U.P.
Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.,Amit Kumar Srivastava
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicants as well as learned A.G.A for the State and perused the record.
Facts in brief are that on 02.08.2021 at about 6:30 A.M. applicants assaulted Dhunna, husband of informant with kicks, fists and danda due to which he sustained injuries and during treatment he died. F.I.R. was lodged on the same day u/s 325, 323, 504 & 506 I.P.C. which was converted into Section 304 I.P.C. after death of the injured Dhunna.
It is submitted that applicants are innocent and have been falsely implicated in this case. Deceased first assaulted the applicants with kicks, fists & danda causing grievous injuries to Ramkaran regarding which cross F.I.R. u/s 325, 323, 504 & 506 I.P.C. was lodged against the deceased Dhunna as Case Crime No.277 of 2021 on the same day. It is further submitted that deceased was himself aggressor. During post-mortem one injury was found on the skull of the deceased on account of which he died and other injuries are contusion and abrasion. No any specific role has been assigned to the applicants except general allegation of marpit. There is no criminal antecedent of the applicants. The applicants are languishing in jail since 03.08.2021 and in case they are released on bail, they will not misuse the liberty of bail and will co-operate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and urged that applicants assaulted the deceased with kicks, fists & danda as a result he died. All the applicants took part in the incident in furtherance of common intention of all, therefore, they are not entitled for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, nature of the evidence on record, the fact that both the parties have sustained injuries regarding which cross cases have been registered so in the aforesaid circumstances at this stage aggressor cannot be decided and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Rajendra Kumar, Pawan Lodhi & Ramsumer Lodhi involved in Case Crime No.178 of 2021, under Sections 147, 304, 325, 323, 504, 506 I.P.C., Police Station Hussainganj, District Fatehpur, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicants 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 21.12.2021 Ashok Gupta