Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22967 of 2019 Applicant :- Saurabh @ Babi And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Brajesh Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against seven accused persons, namely Harikansh, Harendra, Vijay, Shani, Babi, Navneet and Vikram alleging that on 25.3.2019 they assaulted complainant, Banshraj, Firatu, Fula Ram, and Anju, they received injuries. Fula Ram received two injuries, one on head, resultantly died. Injuries received by the injured are simple in nature.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. There is cross case in case crime no. 102 of 2019 including Section 307 IPC. It was a case of sudden fight and incident has taken place in spur of moment, applicants' side two persons have also received injuries. At this stage, it is not possible to decide who is the aggressor. Offences levelled against the applicants are not attracted in the present case. They are languishing in jail since 18.4.2019 (near about one and half months) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicants Saurabh @ Babi and Harendra involved in Case Crime No. 60 of 2019, under Sections 147, 323, 504, 506, 304 IPC, Police Station Jeanpur, District Azamgarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.5.2019 A. Singh