Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15816 of 2019 Applicant :- Shivbali Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Chandra Gupta 2 Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Counter affidavit filed today is taken on record.
Heard Sri Ramesh Chandra Gupta, learned counsel for the applicant as well as Sri Arun Kumar Singh, learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.152 of 2018, under section 302 I.P.C., Police Station Jafarganj, District Fatehpur, during the pendency of trial.
As per FIR all the accused including the present applicant have been assigned role of assaulting the deceased Ram Khelawan with lathi, danda and axe. The statement made by the informant who is wife of the deceased, also no specific role have been assigned to the present accused of having assaulted the deceased by axe. However, the brother of the deceased namely Bhagauti Nishad has stated that the present accused was armed with axe, it was he, who has made repeated blows by the same upon the deceased by which, he died. It is further argued by learned counsel for the applicant that according to the post mortem report there are only two lacerated wounds found on the person of the deceased which was not possible to have been caused by the axe which is a sharp aged weapon to which learned AGA has vehemently opposed the prayer for bail stating that it would depend as to from which side the axe was used. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 29.8.2018. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Shivbali involved in aforesaid crime be released on bail on his 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant 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 applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.5.2019 Neeraj