Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2322 of 2019 Applicant :- Summera Saini Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Bhardwaj,P.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed by Sri P.K. Singh, learned counsel on behalf of applicant, is taken on record.
This case is being taken up as per order of Hon'ble The Chief Justice vide order dated 17.1.2019.
Heard Sri P.K. Singh, 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 5.9.2018( after nine days of incident) against five persons namely, Summera Saini, Ravi Saini, Amit Saini, Bobby Sharma and Chandra Prakash Saini alleging that on 27.8.2018 they assaulted Jawahar Lal(father of first informant) and Rohit(brother of first informant). Jawahar Lal died on 5.9.2018 at 9 A.M. during treatment. Rohit also received serious injuries. According to postmortem report of Jawahar Lal, he received three ante-mortm injuries (two on head and one on forehead) and cause of death is septicaemic shock as a result of antemortem infection of multiple internal organs subsequent upon antemortem injury to head.
Learned counsel for the applicant submitted that FIR was lodged after nine days without proper explanation of delay. General role is alleged to have been attributed to all the accused and only three injuries were found on the body of deceased. It is not clear who is author of head injuries. The applicant is languishing in jail since 12.9.2018(more than four months) having no criminal history. He has been falsely implicated. Co-accused Chandra Prakash has been granted by coordinate Bench of this Court vide order dated 9.1.2019 passed in Criminal Misc. Bail Application No.48160 of 2018 (Bail order produced during argument, is taken on record), role of applicant is identical to him and he is entitled to bail on the ground of parity. 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 co-accused who has 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 Summera Saini involved in Case Crime No.293 of 2018, under Section 307, 302 IPC, Police Station Shikarpur, District Bulandshahr 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 :- 21.1.2019 P.P.