Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6420 of 2018 Applicant :- Raju Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Sunder Mishra,Rajesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against five accused persons, namely Shivnandan, Raju, Dharmendra Kumar, Sangeeta Devi and Ruprani alleging that on 2.8.2017 they assaulted Rakesh Kumar. He received three injuries. Two were on head and one was on shoulder. He died after three days of the incident.
Learned counsel for the applicant submitted that applicant applicant is languishing in jail since 23.10.2017 (more than one year and one month); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; general role has been assigned to all accused; Raju was present at the time of inquest report; there was no intention or knowledge to kill the deceased; incident was taken on spur of moment; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Learned counsel for the applicant further submitted that there is no possibility of case being decided in near future.
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 Raju involved in Case Crime No. 225 of 2017, under Section 304 IPC, Police Station-Hathgam, District- Fatehpur 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 :- 29.11.2018 OP