Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53708 of 2021 Applicant :- Ratan Opposite Party :- State of U.P.
Counsel for Applicant :- Rajrshi Gupta,Abhishek Kumar Saroj,Shambhawi Shukla,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that on 24.09.2021 at about 06.00 p.m., when informant with his brother Babu Lal was at home, the applicant along with other 12 co-accused persons entered into his house equipped with lathi, farsa, axe and iron rods. All of them assaulted Babu Lal causing injury as a result of which, he died.
It is submitted that the applicant is innocent and has not caused any injury to the deceased Babu Lal. There are general allegations of assault with lathi, farsa and iron rod by all the accused persons. No specific role has been assigned to the applicant. The applicant is 67 years old person. It is further submitted that six persons from the side of applicant have also sustained injuries in the same incident. Cross FIR was also lodged being Case Crime No. 860/2021 against the informant and others. At this stage, it cannot be said that applicant was the aggressor. It could only be decided during trial. There is no criminal history against the applicant. The applicant is in jail since 25.09.2021. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Therefore, requested for bail.
On the other hand, learned A.G.A. opposed the prayer for bail and urged that applicant along with other co-accused persons assaulted the deceased causing injuries to him as a result of which, he died. Therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the fact that injuries have been sustained by people of both sides and at this stage, it cannot be decided as to who was he aggressor. Therefore, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ratan involved in Case Crime No. 751 of 2021, under Sections 147, 148, 149, 323, 307, 302, 452 I.P.C, P.S. Kosikalan, District Mathura 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.12.2021 Madhurima