Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24113 of 2018 Applicant :- Sachchidanand @ Chhotu And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Hemant Kumar Dubey,Arunkumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Hemant Kumar Dubey & Sri Arunkumar Mishra, learned counsels for the applicants, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants in Case Crime No.57 of 2018, under Section 304 IPC, Police Station Kolhui, District Maharajganj, with the prayer to release them on bail.
It is urged by learned counsel for the applicants that the applicants have been falsely implicated in this case. The informant lodged a non cognizable report on 2.2.2018 alleging therein that the applicants and two other co-accused assaulted the wife of the informant. In the said report no weapon or specific role has been attributed to the applicants and the other two co-accused. The deceased who had sustained injury on the thigh, died after about one month of the incident and the cause of death was due to shock and septicaemia on account of ante-mortem injury. Lastly, it is submitted that co-accused Neelam and Smt. Sitabi have already been enlarged on bail by the coordinate Bench of this Court in Criminal Misc. Bail Application Nos.26043 of 2018 and 26599 of 2018 vide orders dated 16.7.2018 and 18.7.2018 respectively as the general role of assault was attributed to the co-accused. Copies of the bail orders of co-accused have been produced by learned counsel for the applicants, same are taken on record. It is next submitted that the applicants, who are languishing in jail since 18.5.2018, having no criminal antecedents to their credit, deserve to be released on bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicants are entitled to be released on bail.
Let applicant Sachchidanand @ Chhotu & Sadhu Saran, be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicants shall not tamper with the prosecution evidence;
(2) The applicants shall not pressurize the prosecution witnesses;
(3) The applicants shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicants.
Order Date :- 27.10.2018 Hasnain