Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51628 of 2019 Applicant :- Sajim Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajesh Kumar Mishra, learned counsel for the applicant and Sri Ratnendu Kumar Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 288 of 2019 under Sections 147, 149, 452, 323, 304, 504 and 506 I.P.C., P.S.
Shahabad, District Rampur.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; there is general allegation levelled against the accused applicant along with four other accused that they had assaulted the deceased with hands, danda and butt of pistol; three injuries were found to have been sustained by the deceased; one lacerated wound on skull and two other contusions; one on right fore-head and other around right eye. Cause of death is recorded as ante-mortem injuries caused by blunt force impact. It is further argued that who is author of the said injuries is not clear and co-accused, Danish has been granted bail by this Court in Crl. Misc. Bail Application No. 49834 of 2019 on 18.11.2019 parity of whom is also claimed; the accused has no criminal history; the accused applicant is in jail since 7.08.2019; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Sajim involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 A. Mandhani