Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56574 of 2019 Applicant :- Sohan And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Sushila Singh,Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Mohd. Jaid, learned counsel, has filed vakalatnama on behalf of the complainant, let it be taken on record.
Heard learned counsel for the applicants, learned counsel for the complainant, learned AGA and perused the record.
Learned counsel for the applicants submits that initially an N.C.R. under section 323, 504, 506 I.P.C. was lodged against 4 persons including the applicants making general allegation for committing marpit with the deceased. After death of the deceased the case was converted under section 304 I.P.C. In the statement of witnesses, general allegation has been made against the applicants and other co -accused, no specific role has been assigned to the applicants. As per post mortem report only one injury has been found on the body of the deceased. The cause of death of the deceased has been shown shock and haemorrhage due to ante mortem head injury but it is not specified as to who is the author of this head injury. Recovery of a danda has been shown on the pointing out of the applicant Sohan from an open place. False recovery has been planted against the applicant Sohan. The applicants have not committed the alleged offence. There is no criminal history of the applicants and they are in jail since 7.8.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that the applicants are named in the F.I.R. The applicants and other co -accused have committed the alleged offence. Danda used in commission of alleged incident has been recovered on the pointing out of the applicant Sohan. The applicants have committed the alleged offence, therefore, they are not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicants Sohan and Anoop involved in Case Crime No. 62 of 2019, under Section 304, 323, 504, 506 IPC Police Station Kara Dham District Kaushambi be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicants will not tamper with the evidences.
2. The applicants will not pressurize/intimidate the prosecution witnesses and they will cooperate with the trial.
3. The applicants will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicants.
Order Date :- 19.12.2019 Gss