Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40683 of 2018 Applicant :- Saddam And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhanu Prakash Verma Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Bhanu Prakash Verma, learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants-Saddam and Ajuruddin in Case Crime No.1047 of 2018, under Sections 304, 323 and 504 I.P.C., Police Station Kotwali, District-Mathura with the prayer to enlarge them on bail.
The submission of the learned counsel for the applicants is that the applicants are wholly innocent and have been falsely implicated in the present case. An N.C.R. was lodged by the son of the deceased with the allegation that the applicant and co-accused after consuming liquor had hurled abuses on his father and had also assaulted him. In the said N.C.R., no weapon of assault was disclosed. However, after 15 days of the incident, in his statement recorded under Section 161 Cr.P.C. the first informant has stated that the deceased was assaulted by the applicant and co-accused by brick bats. He has drawn the attention of this Court to the injuries sustained by the injured which indicates that there was only solitary injury on the head of the deceased and other injuries were on the right leg. It is further submitted that in fact the deceased was an old man and in scuffle he fell down on the ground and sustained injuries. In the post mortem report, no internal damage has been noted on the skull of the deceased and it appears that he had died on account of shock and hemorrhage. No motive, whatsoever, has been assigned to the applicant. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 20.08.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicants are entitled to be released on bail.
Let applicants-Saddam and Ajuruddin be released on bail in the aforesaid case crime number on each of them 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 :- 26.10.2018 MN/-