Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4330 of 2019 Applicant :- Styabhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashvni Mishra,Ved Prakash Pathak Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Smt. Ladlee Pandey, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 20.5.2018 against four accused persons, namely, Jagdish Chandra, Satyabhan, Sarvendra Kumar and Dhirendra Singh alleging that on 19.5.2018 they assaulted Mohan Lal, Ranjeet, Sarada Devi, Mohar Singh, Pakari Devi with lathi danda and by kicks and fists and throwing stones. Mohan Lal received three injuries, resultantly died due to head injury.
It is submitted by learned counsel for the applicant that co- accused namely Jagdish Chandra has been granted bail by co-ordinate Bench of this Court vide order dated 25.10.2018 in Criminal Misc. Bail Application No. 37623 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is cross case in case crime no. 329 of 2018 including under Section 325 IPC. It was a case of sudden fight and incident has taken place in spur of moment, applicant's side three persons have also received injuries. At this stage, it is not possible to decide who is the aggressor. There is general allegations against the applicant. Offences levelled against the applicant are not attracted in the present case. It is not clear from the prosecution case who is the author of head injury due to which he died. There is no independent witness. He is languishing in jail since 22.5.2018 (more than eight months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has 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 applicant Styabhan involved in Case Crime No. 325 of 2018, under Sections 304, 325, 323, 504 IPC, P.S. Kotwali, District Hathras 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 :- 30.1.2019 A. Singh