Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53904 of 2019 Applicant :- Vijay Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Rai,Om Prakash Rai Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the first information report of the alleged incident has been lodged against four named persons including the applicant and 4-5 unknown making general allegation for committing marpit with the deceased. The incident is said to be taken place on 5.8.2018 at 15.31 hours. The F.I.R. of the alleged incident has been lodged under section 147, 323, 504, 506, 427 I.P.C. The deceased died on 17.8.2018 after twelve days of the alleged incident. As per post mortem report, the cause of death of the deceased has been shown septicaemic shock as a consequence to abdominal injuries caused by blunt external force/ impact which could be possible in alleged circumstance. There is general allegation against the applicant no specific role has been assigned to the applicant. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. The co-accused Anandi Gupta and Hariom having identical role have already been released on bail by another bench of this court vide orders dated 17.11.2018 and 31.1.2019 in Cr. Misc. Bail Application No. 42486 of 2018 and 4432 of 2019 respectively, therefore, applicant is also entitled for bail. Criminal history of the applicant has been explained in paragraph nos. 5 to 10 of the supplementary affidavit filed in support of bail application. The applicant is in jail since 25.8.2019.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co-accused Anandi Gupta and Hariom having identical role have already been released on 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 applicant Vijay Kumar involved in Case Crime No.1189 of 2018, under Section 147, 323, 504, 506, 427, 452, 304 IPC and 3/4 D.P.Act, Police Station Vijay Nagar District Ghaziabad 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 he will cooperate 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 :- 17.12.2019 Gss