Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57287 of 2019 Applicant :- Ratiram And 4 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Jeetendra Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
Learned counsel for the applicants submits that the F.I.R. of the alleged incident has been lodged against 12 persons including the applicants making general allegation for committing marpit with the deceased and injured persons. No specific role has been assigned to the applicants. According to post mortem report, five injuries have been found on the body of the deceased. The injury nos. 1 and 2 are on head and rest injuries are on non vital part of the body of the deceased. In post mortem report the cause of death of the deceased has been shown coma due to ante mortem head injury but it is not specified as to who is author of this head injury. Nothing incriminating article has been recovered from the possession of the applicants or on their pointing out. It has been further submitted that from the side of the applicants five persons have sustained injuries. The applicants have not committed the alleged offence. Co-accused Sunil, Lal Behari @ Pradeep and Anuj Kumar having identical role have already been released on bail by this Court vide order dated 27.11.2019 in Criminal Misc. Bail Application No. 51883 of 2019, therefore, the applicants are also entitled for bail on the ground of parity. There is no criminal history of the applicants and the applicant no. 1 is in jail since 5.9.2019 and the applicants no. 2 to 5 are in jail since 7.9.2019.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that co-accused Sunil, Lal Behari @ Pradeep and Anuj Kumar having identical role have already been released on 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 applicants Ratiram, Raj Kumar @ Bhoorey, Prem Narayan, Pintu and Anil involved in Case Crime No. 396 of 2019 under Section 147, 148, 323, 304 IPC Police Station Ajitmal District Auraiya be released on bail on their 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 applicants will not tamper with the evidences.
2. The applicants will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.
3. The applicants 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 applicants.
Order Date :- 20.12.2019 A.