Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4063 of 2019 Applicant :- Sohan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Mishra,Chandra Prakash Misra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by the Hon'ble The Chief Justice vide order dated 29.1.2019.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged on 5.11.2018 against unknown person alleging that Sri Kripal Tiwari(brother of complainant) was found dead near boundary of graveyard. Later on, names of three persons Sangam, Sohan and Abhinav Passwan were surfaced in the statements of Ram Vachan and Raju that they assaulted Sri Kripal @ Tunnu Tiwari by kicks and fists; deceased fell down on brick and sustained injuries on chest and head.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 18.11.2018(more than two and half months) having no criminal history. He has been falsely implicated. Co-accused Abhinav Kumar Passwan and Sangam Passwan have already been granted bail by coordinate Bench of this Court vide orders dated 20.12.2018 & 21.12.2018 passed in Criminal Misc. Bail Application Nos. 48986 of 2018 & 49363 of 2018 respectively (Bail orders are annexed as annexure 7 to the bail application), applicant's case is identical to him and he is also entitled to bail on the ground of parity. There was intention or knowledge of death of the incident. Deceased sustained injury due to fall. General role has been assigned to all the accused. There was no independent or eye- witness account. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and his case is identical to aforesaid co-accused who have been granted bail by this Court.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Sohan involved in Case Crime No.932 of 2018, under Section 304 IPC, Police Station Khorabar, District Gorakhpur 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 applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant 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 applicant 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 :- 29.1.2019 P.P.