Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51642 of 2019 Applicant :- Salamtulla And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No. 190 of 2019, under Sections 304, 323, 504 of I.P.C., Police Station - Tirva, District - Kannauj, during the pendency of trial.
It is argued by learned counsel for the applicants that that applicants have been falsely implicated in the present case. The deceased is found to have sustained only three injuries, out of which, one injury i.e. injury no. 2, which he has sustained on his parietal bone, is found to be fracture, which resulted into his death. Who was the author of the said injury is not known as general allegation has been levelled against both the accused- applicants who had beaten the deceased with lathi-danda. Accused-applicant no. 1 Salamtullah is lying in prison since 20.06.2019, while applicant no. 2 Pintu alias Shamshad is lying in prison since 03.07.2019. It is also stated that a cross N.C.R. was also lodged by the daughter of the applicant no. 1 against the deceased, copy whereof is annexed at Page No. 52 of the Paper Book. The applicants have no criminal antecedent. He further stated that similarly circumstanced co-accused Ruksana has already been granted bail by coordinate Bench of this Court, vide order dated 30.10.2019 passed in Criminal Misc. Bail Application No. - 45236 of 2019 (Smt. Ruksana v. State of U.P.), copy whereof is annexed at Page No. 58. If released on bail, there is no likelihood of the applicants' misusing the liberty of bail and/or fleeing away from justice.
Per contra, learned A.G.A. vehemently opposed the prayer for grant of bail.
Without expressing any opinion on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before this Court deserves to be allowed.
Ordered accordingly.
Let the applicants - Salamtulla and Pintu alias Shamshad involved in aforesaid crime be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 I. Batabyal