Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35103 of 2019 Applicant :- Sushil Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Kumar Dubey,Jagdev Singh,Shantanu Srivastava,Usha Srivastava Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
This instant bail application has been filed on behalf of the applicant Sushil with a prayer to release him on bail in Case Crime no. 142 of 2019, under section 15(2) and 15(3) of the Indian Medical Council Act, 1956 and Section 304, 420/34 IPC., Police Station Haldaur, District Bijnor during pendency of the trial.
As per the FIR, the informant is the brother of the deceased Brahmpal, aged 34 years who was working as labourer in the Kohlu of Gambhir Singh. On 11.5.2019 at about 3-4 PM, there was some altercation between the co-accused Ravi and the deceased and Ravi hit his brother on his chest by knee. Thereafter, his brother was taken to the Doctor (applicant herein) who gave him some medicine but at about 7:30 PM his brother has died.
It is submitted by learned counsel for the applicant that the applicant is that at the time lodging of the FIR the applicant has not been named in the FIR and the same has been lodged only against co-accused Ravi. Subsequently, in the statement of the informant as well as other witnesses the complicity of the applicant has come forward. In the statements of the informant and witness it has been stated that the applicant has colluded with the co-accused Ravi and has given wrong treatment to the deceased. It is further submitted that the co-accused Ravi has already been granted bail by this Court today itself. Lastly, it has been submitted that applicant has been falsely implicated in the present case and is languishing in jail since 13.5.2019. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail however he could not dispute the arguments advanced by the learned counsel for the applicant.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence and without expressing any opinion on the merits of the case, prima facie, in my opinion a case for grant of bail is made out.
Let the applicant Sushil involved in Case Crime no. 142 of 2019, under section 15(2) and 15(3) of the Indian Medical Council Act, 1956 and Section 304, 420/34 IPC., Police Station Haldaur, District Bijnor be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 27.11.2019 Kirti