Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29487 of 2018 Applicant :- Umesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Shanker Audichya,Atul Pandey,Kuldeep Singh Tomar Counsel for Opposite Party :- G.A.,Rajeev Kumar Singh Parmar
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Umesh seeking bail in Case Crime No. 228 of 2018 under Sections 279, 304 I.P.C., P.S. Cantt., District Bareilly.
As per the prosecution case on 24.04.2018 deceased Ayush was returning from his school by cycle at about 2.30 P.M., when he reached near pillar No.11 under construction bridge Kandharpur, the truck in question which was being driven very rashly and negligently by its driver (applicant) came and hit the deceased Ayush. On account of rash and negligent driving of the applicant the deceased Ayush died at the spot. It is next submitted that the claim petition regarding the accident dated 24.04.2018 has also been filed by the father and mother of the deceased under Section 166 M.V. Act before the Motor Accident Claims Tribunal, Bareilly, copy whereof has been filed as Annexure No. SA-1 to the supplementary affidavit dated 25.07.2018. It is next submitted that the applicant had no motive or intention to commit the murder or accident of the deceased. The applicant is in jail since 26.04.2018.
On the other hand, learned counsel for the first informant has vehmently opposed the prayer for bail, but could not dispute the fact that the occurrence which took place on 24.04.2018 was not a murder, but was an accident.
Considering the submission of learned counsel for the parties as well as facts of the case, nature of allegation, without expressing any opinion on the merits of the case, this Court is of the opinion that it is a fit case for bail to the applicant. Hence, the bail application is hereby allowed.
Let the applicant Umesh involved in Case Crime No. 228 of 2018 under Sections 279, 304 I.P.C., P.S. Cantt., District Bareilly be released on bail on 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 evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The appellant 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.
6. The applicant shall not taken any adjournment in the trial.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail. The trial court is also directed to conclude the trial of the applicant within one year.
Order Date :- 19.12.2018 Abhishek