Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3893 of 2019 Applicant :- Sonu Opposite Party :- State Of U.P. Counsel for Applicant :- Satish Solanki Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Pushpendra Singh, Advocate holding brief of Sri Wahid Jamal, learned counsel for the informant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case on account of fact that he happens to be relative of the co-accused Harikesh and he has no direct motive or cause against the deceased. The name of the applicant has been deliberately dragged in the statement of the witnesses. There is no specific role assigned to the applicant that he has caused any injury to the deceased which could be fatal. The role of the applicant has been assigned only to that of exhortation in the statement of one of the witnesses Sharda. The case of the present applicant is distinguishable from co-accused who have got motive to commit offence in question. In absence of motive, there was no point for the applicant to side with the co- accused. The applicant does not bear any criminal history and is languishing in jail since 13.08.2018.
Per contra learned counsel for the informant has submitted that in this case a joint assault was given by the applicant in company with the other co-accused due to which the victim died.
Learned A.G.A. has nodded in affirmative with the learned counsel for the informant.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Sonu involved in Case Crime No.496 of 2018, under Sections 302, 504, 506 I.P.C., Police Station Sikandra Rao, District Hathras be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 29.1.2019 rkg