Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20766 of 2018 Applicant :- Sachai Rathaur Opposite Party :- State Of U.P.
Counsel for Applicant :- Indra Kumar Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Pushkar Srivastava, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons, namely Sachai Rathaur, Lalman Rathaur and Paltoo alleging that on 28.2.2018 at 5.30 p.m. they assaulted Mannu Rathaur, resultantly died. According to postmortem report, cause of death could not be ascertained and viscera was preserved.
It is submitted by learned counsel for the applicant that co- accused namely Paltoo has already been granted bail by this Court vide order dated 22.5.2018 in Criminal Misc. Bail Application No. 19032 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is general allegation against all accused persons. Offences levelled against the applicant are not attracted in the present case. No specific role was assigned against any accused persons. There is no independent witness and no eye witness account against the applicant. He is languishing in jail since 1.3.2018 (near about three months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to co- accused Paltoo who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Sachai Rathaur involved in Case Crime No. 44 of 2018, under Sections 304, 504 IPC, Police Station Sakaldiha, District Chandauli 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 court below shall be at liberty to cancel the bail.
Order Date :- 31.5.2018 A. Singh