Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42620 of 2018 Applicant :- Ramesh Pal And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Nigam Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Sri D. K. Mishra has filed vakalatnama on behalf of first informant and learned A.G.A. filed counter affidavit, which are taken on record.
Heard Sri Saurabh Rai Advocate holding brief of Sri Sanjay Kumar Nigam, learned counsel for the applicant, Sri D. K. Mishra, learned counsel for first informant, learned A.G.A. and perused the record.
Learned counsel for the applicants contended that they have been falsely implicated; that as per the averments made in F.I.R. lodged by brother of deceased, in the night of 12.06.2018, tin sheet of the house of deceased flown away in the wind storm and fell before the house of Kalicharan due to which, Kalicharan, his son Ramesh and his grand sons Hemraj and Rahul assaulted at his home hurled abuses and Kalicharan made a danda blow in the head of Surjan Lal resulting in his death and the incident was seen by Smt. Usha Devi, the daugther of deceased; that in F.I.R. as well as in the statements of first informant and eye-witness Kumari Usha Devi, the role of causing fatal head injuries has been assigned to co-accused Kalicharan; that the case of applicants is distinguishable from co-accused Kalicharan; that co-accused Rahul with identical role, has been granted bail by another Benche this Court vide order dated 24.09.2018, passed in Criminal Misc. Bail Application No. 35658 of 2018 copy filed at Annexure-7; that the applicants have no criminal history; that the applicants undertake that they will not misuse the liberty of bail; that the applicants are in custody since 14.06.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and 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 applicants Ramesh Pal and Hemaraj be released on bail in Case Crime No. 170 of 2018, under Section 302 I.P.C., P.S. Rura, District Kanpur Dehat, 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 applicants 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 they are 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 applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants 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 applicants to prison.
Order Date :- 30.11.2018 Ashok Gupta