Heard learned counsel for the applicant, Sri N.K. Srivastava, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 13.6.2019 at 13:47 hours (after one day of the incident) against two accused persons, namely, Tarbej Ahmad and Mohd. Haneef alleging that on 12.6.2019 at 12:30 hours they assaulted Guru Prasad (17 years of age), brother of the complainant by kicks, fists and sharp edged weapon. He died on 14.6.2019 after two days of the incident. According to postmortem report, he received three injuries including one on head. Cause of death was found head injury.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case and is languishing in jail since 14.6.2019 (more than six months) having no criminal history. General role has been assigned against the applicant. It is not clear who is author of head injury. F.I.R. was lodged after one day of the incident after thought with due legal consultation. Initially F.I.R. was lodged under Section 324 I.P.C. Later on it was converted under Section 304 I.P.C. No incised or punctured wounds were found on the body of the deceased. Hence, there was no intention or knowledge to kill the deceased. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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 Tabrej Akhtar involved in Case Crime No. 225 of 2019, under Section 323, 324, 308, 504, 506, 304 IPC, Police Station-Payagpur, District-Bahraich 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 :- 18.12.2019 OP