Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45671 of 2018 Applicant :- Ram Autar Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Vijay Bahadur Shivhare, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely Ram Autar, Ram Saran, Indrapal and Ravindra alleging that on 12.7.2018 they assaulted Atul Kumar Nishad with lathi-danda, he received six injuries, one on head, resultantly died.
It is submitted by learned counsel for the applicant that co- accused namely Indrapal has been granted bail by co- ordinate Bench of this Court vide order dated 26.10.2018 in Criminal Misc. Bail Application No. 40460 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness and no legal evidence against the applicant. It is not clear form prosecution case, who was the author of head injury due to which he died. Injuries received by the injures are simple in nature except one injury. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 20.7.2018 (near about four and half months) having no criminal history 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 complainant opposed the prayer for bail.
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 and the case of present applicant is identical to co- accused Indrapal who has 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 applicant Ram Autar involved in Case Crime No. 134 of 2018, under Sections 304 and 504 IPC, Police Station Jariya, District Hamirpur 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 A. Singh