Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28989 of 2021 Applicant :- Sunder & Another Opposite Party :- State of U.P. Counsel for Applicant :- Javed Khan Counsel for Opposite Party :- G.A.,Devi Prasad Tripathi,Manish Kumar Pandey
Hon'ble Om Prakash-VII,J.
Heard Shri Javed Khan, learned counsel for the applicants, Shri Sanjay Tiwari, Advocate holding brief of Shri Devi Prasad Tripathi, leaned counsel for the informant as well as learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. They have not committed the present offence. Offence is said to have been committed on 06.04.2021 in the night at about 10:00 PM. Deceased was taken for treatment and thereafter he was taken back. He died when he was being taken again for treatment. F.I.R. was lodged on 07.04.2021. Referring to the contents of the F.I.R., it is further submitted that informant is not eye account witness. No specific role has been assigned in the F.I.R. against the applicants. Referring to the statement of the victim recorded under Section 161 Cr.P.C., it is further submitted that same facts as mentioned in the F.I.R. were stated by the witnesses. Investigating Officer recorded the statement of the witnesses second time and in that statements they specified the role of each and every accused. Referring to those statements, it is also argued that only role of causing injuries to the deceased with kick and feast is assigned to the applicants. At this juncture, learned counsel for the applicant also referred to the post-mortem report and further argued that no injury said to have been caused with kick and feast were found on the body of the deceased. Cause of death of the deceased is due to ante-mortem injuries. Thus, referring to the aforesaid facts, it is further submitted that none has seen the present incident. Deceased died in other manner. Applicants have no criminal history. They are languishing in jail since 28.05.2021 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for the informant as well as the learned AGA opposed the prayer for bail and submitted that applicants are named in the F.I.R.. They have caused marpeet to the deceased. He died during treatment. A prima facie case is made out against the applicant. Medical evidence fully support the oral version.
In this matter, as is evident from the record, no role for causing injury to the deceased is assigned to the applicants with danda or blunt object, no injuries said to have been caused with kick and feast were found on the body of the deceased, thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 Cr.P.C. 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 the applicants Sunder and Atul involved in Case Crime No. 288 of 2021, under Sections 304 IPC, P.S. Majhola, District - Moradabad be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.9.2021 Sanjeet Digitally signed by OM PRAKASH Date: 2021.09.23 14:49:55 IST Reason: Document Owner Location: High Court of Judicature at Allahabad