Heard learned counsel for the applicant, Sri Santosh Kumar Tiwari, counsel for the informant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Shippu @ Satyendra in Case Crime No. 550 of 2020, under Sections 147, 148, 149, 504, 506, 302, 201 I.P.C., P.S.- Chauri Chaura, District Gorakhpur.
Learned counsel for the applicant has submitted that the accused applicant has been falsely implicated in this case. It is submitted that in the F.I.R. eight accused persons have been named and four accused persons have not been named. It is submitted that accused applicant has been assigned role of committing Marpeet along with other co-accused persons by Lathi, Hockey etc. It is submitted that co-accused Manoj, Byasmuni, Ram Naresh, Munjesh, Rajendra and Lalji have already been granted bail; role of the accused applicant is identical with other co-accused persons and needless to mention that general allegation of Marpeet has been made against all accused persons with exhortation by them. Further submission is that there is no criminal history of the accused applicant and charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds, therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 10.8.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. and counsel for the informant have vehemently opposed the prayer of bail and submitted that accused applicant has been assigned Lathi and injuries which resulted into death of the deceased might be caused by Lathi and blunt object. However, he has not disputed the aforesaid facts and has submitted that the police has filed charge-sheet after concluding the investigation.
Having heard the submission of learned counsel of both sides, considering the fact that no deadly weapon has been used in the commission of offence, without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Shippu @ Satyendra be released on bail in aforesaid case crime on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/ court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 21.1.2021 Mini