Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30607 of 2015 Applicant :- Ravi Opposite Party :- State Of U.P.
Counsel for Applicant :- S.K. Tiwari,Hemendra Pratap Singh,Mazhar Ullah,R.B. Singh Counsel for Opposite Party :- Govt. Advocate,Ajai Kr.Misra,Bhuvnesh Kumar Singh
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 193 of 2015, under Section 147, 336, 304, 120-B IPC, P.S.- Didauli, District- J.P. Nagar, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that even if the entire allegations made in the FIR are taken to be true and accepted on their face value, the offence, if any, committed by the applicant does not travel beyond Section 304 Part II IPC. The incident as is apparent from the FIR's recitals was neither pre-planned nor pre-meditated and no lethal weapons were used. The deceased was attacked by several persons including the applicant by hurling stones and bricks at him. Moreover the cause of death is stated to be suffocation asphyxia as a result of fractured trachea. He lastly submitted that the applicant who has no criminal antecedents to his credit and is in jail since 12.05.2015, is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned AGA.
Keeping in view the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Ravi be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 193 of 2015, under Section 147, 336, 304, 120-B IPC, P.S.- Didauli, District- J.P. Nagar, subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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.
Order Date :- 27.4.2018 SA