Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34180 of 2019 Applicant :- Umesh Kumar Maurya Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar,Sri I.K. Chaturvedi,Senior Adv.
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri I.K. Chaturvedi, learned Senior Counsel assisted by Sri Sanjay Kumar, learned counsel for the applicant, Sri P.K. Rai, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against sixteen accused persons including the applicant alleging that on 16.6.2019 at 6.30 a.m. they assaulted Rajendra Pratap Singh and Ram Ji Ujjain (complainant). Rajendra Pratap Singh received two injuries, one on head, resultantly died. Injuries received by injured are simple in nature. During investigation, name of Vikas Maurya was surfaced and it was found that Vikas Maurya assaulted deceased on head with farsa/ganasa.
It is submitted by learned counsel for the applicant that co- accused namely Tarjan Kumar Maurya has already been granted bail by this Court vide order dated 19.8.2019 in Criminal Misc. Bail Application No. 32628 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There are general allegations against all accused persons expect co-accused Vikas Maurya. Main role of assault was assigned to co-accused Vikas Maurya. The case of applicant is distinguishable from co-accused Vikas Maurya. There is no independent witness and no legal evidence against the applicant. Injuries received by injured are simple in nature. Nothing was recovered form the possession of applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 17.6.2019 (more than two months) having no criminal history and 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 applicant Umesh Kumar Maurya involved in Case Crime No. 78 of 2019, under Sections 302, 308, 307, 323, 324, 147, 504 IPC, Police Station Dokati, District Ballia 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 :- 22.8.2019 A. Singh