Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 485 of 2019 Applicant :- Santosh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar,Munesh Kumar Upadhyay Counsel for Opposite Party :- G.A.,Rakesh Tripathi I
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Santosh Kumar has prayed to release him on bail in Case Crime No. 57 of 2018, u/s 147, 148, 149, 302, 504 I.P.C., P.S. Holagarh, District Allahabad.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number and report was got lodged on 10.6.2018 with specific mention of assault by firearm shot by Anuj over deceased and this was after giving of rifle by Roop Chandra, rest of accused persons have been assigned the role of committing riot as per of unlawful assembly and accused Anuj Kumar has been enlarged on bail in Criminal Misc. Bail Application No. 9473 of 2019, two other accused persons Prem Chand and Roop Chandra Jaiswal have been enlarged on bail in Criminal Misc. Bail Application No. 43256 of 2018 and Criminal Misc. Bail Application No. 5364 of 2019, respectively. The autopsy examination report reveals that two antemortem injuries over the person of deceased and they were of lesser. In internal examination, fracture of ribs, laceration of precordial etc. were there but the subsequent statement after a gap, alleged eye-witness account made development by specifically assigning role to accused applicant for giving a blow by lathi having iron tip over it for corresponding injury whereas accused applicant is of no criminal antecedent except one case of trivial nature, for which explanation is there. He is in jail since long. Co-accused with grievous accusation have been enlarged on bail. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned counsel for the informant has vehemently opposed the bail application. First Information Report was with contention of riot by member of unlawful assembly armed with deadly weapon resulting above death of deceased and injuries found, resulting fracture of ribs, were of hard and blunt object, assigned to accused applicant. Hence bail be rejected.
Learned AGA has also vehemently oppose the bail application but could not oppose the factual aspect that main accused, Anuj who was assigned the main role of firearm injury. Two other accused persons have been enlarged on bail as above.
Instant report against five named accused was there with specific mention of likelihood of breach of peace by unlawful assembly regarding construction over a disputed land and when informant along with his family members, rushed on spot and tried to intervene, Roopchandra gave rifle to his son Anuj and upon his exhortation, Anuj gave firearm shot over deceased, who was instantly taken at Belly Hospital from where referred to S.R.N. and there declared brought dead. No assault by other accused was said in the report. Subsequently, inquest proceeding followed by autopsy examination, was conducted and under inquest proceeding death by firearm shot was written. Autopsy examination report reveals that two injuries of laceration: (i) one lacerated wound of 15cm X 6cm X bone over front of chest in between both nipple 7cm above from left nipple and 8cm from right nipple, (ii) lacerated wound of 7cm X 4cm X bone deep on right side chest 4cm below from right nipple. Though in internal examination ribs were written to be fractured. Then after, in the statement recorded under Section 161 of Cr.P.C., specific role was assigned to present accused applicant for giving blow by lathi having iron tip over it, by Mithlesh alleged eye witness of the occurrence. The main accusation was against Anuj, who has been enlarged on bail. Two other accused with same accusation have also enlarged on bail. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Santosh Kumar, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.5.2019 Kamarjahan