Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39405 of 2018 Applicant :- Sikandar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava,Dr. C.P. Upadhyay,K.C.Yadav Counsel for Opposite Party :- G.A.,Gaurav Kumar Shukla
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, Sri Gaurav Kumar Shukla, learned counsel for the complainant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against four accused persons, namely Gajalu, Sikandar, Subhawati and Veer Bahadur @ Veeru alleging that on 23.4.2018 they assaulted Lalu, Bandana, Poonam, Neelam and Sharda. Lalu received four injuries. One is on head and due to that injury he died.
Learned counsel for the applicants submitted that the applicants are languishing in jail sine 11.6.2018 (more than five and half month); having no criminal history; the applicants are innocent and have been falsely implicated in the present case; only one injury was found on the body of the injured; general role has been assigned to all accused; it is not ascertained who is the author of head injury; all other injuries of injured and deceased were found in simple in nature; there is also a cross case in which Sikandar, Gajalu and Subhawati have received injuries which have not been explained by the prosecution; there is no independent witness 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. as well as counsel for the complainant 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 the applicants Sikander and Gajalu involved in Case Crime No. 84 of 2018, under Section 304, 323 IPC, Police Station- Dubouliya, District-Basti 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 he is accused, or suspected, of the commission of which he is 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 him 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 :- 27.11.2018 OP