Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21779 of 2021 Applicant :- Santosh Opposite Party :- State of U.P.
Counsel for Applicant :- Parmeshwar Yadav Counsel for Opposite Party :- G.A.,Ashish Pandey
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant; learned Additional Government Advocate representing the State; Shri Ashish Pandey, learned counsel appearing on behalf of informant and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 176 of 2020, under Sections 302, 504, 506 I.P.C., Police Station- Ghughali, District-Maharajganj, during the pendency of trial.
It is submitted by learned counsel for the applicant that as per F.I.R. dated 09.09.2021, general role of causing injury to the deceased has been assigned to four accused persons, namely, Sandeep, Santosh (applicant), Golu and Ravinder by lathi, danda and iron rod, but in the postmortem report of the deceased only one injury has been found on his head. It is next submitted that one Jai Hind is stated to be an eye witness of the incident who has assigned the specific role of causing injury to deceased to co-accused Golu @ Narbadeshwar by iron rod. On the strength of aforesaid submissions it is submitted that the applicant is not the author of the said injury, by which deceased died. It is also pointed out that identically situated co- accused Sandeep has been granted bail by this Court vide order dated 29.07.2021 in Criminal Misc. Bail Application No. 16861 of 2021 and the case of present applicant stands on similar footing to that of co-accused who has been granted bail. Applicant has no criminal history and he is languishing in jail since 09.09.2020. Lastly, it is submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant, but they do not dispute the aforesaid factual aspects of the case as argued on behalf of applicant, including the fact that identically situated co-accused has been granted bail.
After having heard learned counsel for the applicant as well as learned A.G.A., I find that in the F.I.R. general role of causing injury to the deceased has been assigned to all the accused persons including the applicant, but later on eye witness Jai Hind has specified the main role of causing injury to the deceased to Golu @ Narbadeshwar. I also find that deceased had received only one injury on his head, therefore, case of present applicant is distinguishable from the case of co-accused Golu @ Narbadeshwar. I also find that identically situated co-accused Sandeep has been granted bail, therefore, applicant is also entitled to be released on bail on the ground of parity also. Considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Santosh be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 16.8.2021 Sunil Kr. Gupta Digitally signed by Justice Sanjay Kumar Singh Date: 2021.08.16 17:07:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad