Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52835 of 2019 Applicant :- Ved Prakash And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Pal Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
Learned counsel for the applicants submits that the F.I.R. of the alleged incident has been lodged against four persons including the applicants making general allegation for committing marpit with the deceased and injured. According to post mortem report only one injury has been found on the head of the deceased and the cause of death of the deceased has been shown coma due to ante mortem head injury but it is not specified as to who is the author of this head injury. It has been further submitted that in the statements of Bhamar Pal and Pappu it has come that there were lathis in the hands of the Naresh and Anand. The applicants have not committed the alleged offence and have been falsely implicated in this case. Nothing incriminating article has been recovered from the possession of the applicants or on their pointing out. The injuries of injured Madan Pal are simple in nature. There is no criminal history of the applicants and they are in jail since 30.9.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicants Ved Prakash and Pratibha involved in Case Crime No.284 of 2019, under Section 304 IPC Police Station Ujhani District Badaun be released on bail on their 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 applicants will not tamper with the evidences.
2. The applicants will not pressurize/intimidate the prosecution witnesses and they will cooperate with the trial.
3. The applicants 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 applicants.
Order Date :- 29.11.2019 Gss