Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20269 of 2018 Applicant :- Rajendra Kumar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against four accused persons, namely Rajendra Kumar, Mahendra Kumar, Rajkumar and Santosh alleging that on 18.12.2017 they assaulted Mangala Prasad and Amritlal with lathi-danda, Mangala Prasad received one head injury, resultantly died.
It is submitted by learned counsel for the applicants that co- accused namely Mahendra Kumar and Santosh have been granted bail by this Court vide orders dated 27.4.2018 & 22.5.2018 in Criminal Misc. Bail Application Nos. 15658 of 2018 & 19049 of 2018 respectively, since the role of the applicants is not distinguishable with the role of co-accused, therefore, the applicants is also entitled for bail. The applicants are innocent and have been falsely implicated in the present case. There is general allegation against all accused persons. Offences levelled against the applicants are not attracted in the present case. Only one injury was found on the head of deceased. It is not clear from the prosecution evidence who was the author of the injury found on the head of the deceased. There is no independent witness against the applicants. They are languishing in jail since 28.1.2018 (about four months) having no criminal history and in case they are released on bail, they 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 applicants and admitted that applicants have no criminal history and the case of present applicants are identical to co-accused Mahendra Kumar and Santosh who have been enlarged on bail.
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 applicants Rajendra Kumar and Raj Kumar involved in Case Crime No. 413 of 2017, under Sections 323, 304 IPC, Police Station Manda, District Allahabad 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 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 court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2018 P.P.