Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18382 of 2019 Applicant :- Vijay Pandey Alias Pattu Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the F.I.R. of the alleged incident was lodged against the five persons including the applicant making general allegation for committing marpit with the deceased with knife, lathi and iron rod. Navin Singh and Ashutosh Rai are said to be the eye witnesses of the alleged incident. In the statements of the above witnesses lathi has been shown in the hands of the applicant. According to post mortem report 10 injuries have been found on the body of the deceased. Out of which injury no. 7 is superficial abrasion. Injury no. 8 is abrasion and injury no. 10 is contusion. In post mortem report rests are incised wound. In post mortem report the cause of death of the deceased has been shown haemorrhage and shock due to ante mortem multiple stab injury by sharp object. Knife has been shown in the hands of Khurshid Mansoor @ Khushhal, Ajit Rai @ Chunnu Rai and lathi has been shown in the hands of the applicant and the co accused Shashank Rai @ Sanni Rai. No sharp edged weapon was in the hands of the applicant. It has been further submitted that the applicant has not committed the alleged offence and has been falsely implicated in this case. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. Co-accused Shashank Rai @ Sanni Rai having identical role has already been released on bail by this Court vide order dated 24.4.2019 in Criminal Misc.Bail Application No. 12242 of 2019 therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history against the applicant. The applicant is in jail since 22.12.2018.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that co-accused Shashank Rai @ Sanni Rai having identical role has already been released on bai.
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 Pandey Alias Pattu involved in Case Crime No. 990 of 2018 under Section 147, 148, 149, 302 IPC Police Station Kotwali Deoria, District Deoria 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 :- 30.4.2019 A.