Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8594 of 2019 Applicant :- Sriram Upadhyay Opposite Party :- State Of U.P.
Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated; that as per averments made in F.I.R. lodged at 11:44 p.m. on 31.12.2018 by Smt. Priyanka Upadhyay, her co-sharers applicant and two others, over dispute of dismantling stairs committed mar-peet with her husband and father-in-law and pushed down father-in-law, who did not sustained any visible injuries and during night suddenly his condition deteriorated upon which he was taken to Azamgarh Hospital by Ambulance and during treatment due to pain in chest and throat and traumatic swelling thereon he died; that prior to above F.I.R. on 30.12.2018 at about 7:27 p.m. first informant lodged a NCR against applicant and co-accused persons with allegations that they committed mar-peet with lathi-danda and caused injuries to Durga Prasad Upadhyay and abusing her father-in- law pushed him down; that post-mortem report of 75 years old Jwala Prasad Upadhyay dated 1.1.2019 states that there was no external injuries over head, neck, chest or abdomen of deceased and he died about one day back on account of shock due to ante-mortem cardiogenic shock; that post-mortem report does not suggest any traumatic swelling over neck and chest of deceased; that injuries allegedly sustained by husband of first informant vide injury report at Annexure-3 are simple in nature; that from post-mortem report it appears that deceased died due to heart ailment/cardiac problem; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 2.1.2019.
Learned A.G.A. vehemently opposed prayer of bail.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Sriram Upadhyay be released on bail in Case Crime No.170 of 2018, under Sections 323, 504, 427, 304 I.P.C., P.S. Kandhrapur, District Azamgarh, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.2.2019 Kpy