Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43294 of 2021 Applicant :- Sunil Bharti Opposite Party :- State of U.P.
Counsel for Applicant :- Manvendra Narain Pathak Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It was submitted that deceased has sustained one fatal injury, but in the F.I.R. 15 persons were named and besides that, 10-15 were shown unknown and there is no specific evidence that who is the author of said fatal injury caused to the deceased. It was also submitted that in FIR, it was alleged that co-accused Naresh Bharti and co-accused Rohit have assaulted the injured and caused injuries on head of the injured/complainant, but the injured has sustained only simple injuries. It has been further submitted that similarly placed co- accused persons, namely, Naresh Bharti, Suresh, Nandlal Kumar Bharti, Kamalawati, Sangeeta, Satish Kumar, Vivek Kumar and Sunil Kumar have already been enlarged on bail by different Benches of this Court, the copies of which, are available on record. It has been submitted that the applicant is languishing in jail since 9.8.2021 having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused persons, namely, Naresh Bharti, Suresh, Nandlal Kumar Bharti, Kamalawati, Sangeeta, Satish Kumar, Vivek Kumar and Sunil Kumar have already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 applicant Sunil Bharti involved in case crime No. 174/2020, under Sections 147, 148, 149, 323, 325, 504, 506, 427, 379, 452, 304 IPC, police station Bankata, District Deoria, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 27.10.2021 Neeraj