Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34142 of 2019 Applicant :- Roshan Opposite Party :- State Of U.P.
Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that no specific role has been assigned to the applicant. Both sides have received injuries. Referring to the statement of the injured witnesses recorded under Section 161 Cr.P.C., during investigation it is also argued that injuries said to have been found on the head of deceased was caused by co-accused Lalmani, who is assigned with the weapon Katar. At this juncture, learned counsel for the applicant also referred to the opinion recorded by the doctor concerned in the post mortem report and argued that cause of death of the deceased is coma, due to head injury found on the body of the deceased. On the basis of the above facts, it is further argued that applicant is not author of the injury found on the head of deceased. The applicant has no criminal history. He is languishing in jail since 17.12.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Under the similar circumstances co- accused Awadesh and Lalmani have been admitted to bail by this Court on 27.3.2019 and 22.7.2019 in Criminal Miscellaneous Bail Application Nos.12231 of 2019 and 29012 of 2019, copies whereof have been annexed as Annexure No.8 to the affidavit filed in support of this bail application.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Roshan involved in Case Crime No. 235 of 2018, under Sections - 147, 148, 304, 323, 506 I.P.C., Police Station - Baradah, District - Azamgarh 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 subject to the 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 court below shall be at liberty to cancel the bail.
Order Date :- 22.8.2019 Raj