Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52528 of 2019 Applicant :- Ramsajivan Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Raj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that initially an N.C.R. was lodged by the deceased against Maiyadeen and two unknown under section 323 and 504 I.P.C. on 23.2.2019. The deceased died on 17.3.2019. Thereafter F.I.R. was lodged by the son of the deceased against Maiyadeen and two unknown making general allegation for committing marpit with the deceased. It has been further submitted that the deceased was aged about 85 years and it transpires that the deceased died due to cardiac arrest. The co accused Maiyadeen has already been released on bail by this court vide order dated 18.11.2019 in Cr. Misc. Bail Application No. 48605 of 2019, therefore, applicant is also entitled for bail. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. The co-accused Jalkesh Yadav @ Jagletar and Balram Yadav have also been released on bail by another bench of this court vide orders dated 18.10.2019. There is general allegation against the applicant, no specific role has been assigned to him. The applicant is not named in the first information report. There is no criminal history of the applicant and is in jail since 27.3.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Ramsajivan Yadav involved in Case Crime No.224 of 2019, under Section 323, 504, 304 IPC Police Station Kotwali Karvi District Chitrakoot be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 28.11.2019 Gss