Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2580 of 2019 Applicant :- Raju Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Srivastava,Neelabh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated; that in F.I.R. common and general role of causing injuries to Sukhram deceased has been assigned to four persons and no specific role has been assigned to applicant; that the real fact is that at the time of incident Sukhram along with his brother and associates started abusing and when was opposed they committed mar-pit with lathi-danda and caused multiple injuries to Arjun and Nilam wife of applicant of which F.I.R. was lodged by Ramwati wife of Arjun at Case Crime No.76 of 2018; that prosecution party was aggressor and applicant was not aggressor; that in any case even if a free-fight did take place the applicant may not be considered to be aggressor; that co-accused Arjun, Veeru @ Veerpal and Videsh have been granted bail by other Benches of this Court vide orders dated 31.10.2018 & 10.1.2019 passed in Criminal Misc. Bail Application Nos.41460 of 2018 & 49406 of 2018, copy at Annexure-7 and produced for perusal which is taken on record; that case of applicant is identical to that of above co-accused who have been granted bail; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 11.3.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Raju be released on bail in Case Crime No.75 of 2018, under Sections 302, 34, 504, 506 I.P.C., P.S. Sehra Mau South, District Shahjahanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 21.1.2019 Kpy