Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45842 of 2018 Applicant :- Vijayi Gond Opposite Party :- State Of U.P. Counsel for Applicant :- Anjali Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, N.C.R. was lodged against Monu Gond and three brothers alleging that on 19..2.2018 they assaulted Jitendra Nishad with lathi-danda, he received injuries, resultantly died. After two months of incident, an application was moved by Jhagadu Nishad before S.O. concerned alleging that Monu Gond, Shivkumar Gond, Sonu Gond and Vijayi Gond were also indulged in this crime.
It is submitted by learned counsel for the applicant that co- accused namely Shiv Kumar Gond has been granted bail by co-ordinate Bench of this Court vide order dated 26.7.2018 in Criminal Misc. Bail Application No. 24370 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. Applicant was not named in the F.I.R. After two months of incident, the name of applicant was surfaced. The applicant is innocent and has been falsely implicated in the present case. It is not clear from prosecution case, who was author of that injury due to which he died. There are general allegations against all accused persons. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 14.4.2018 (more than seven and half 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 and the case of present applicant is identical to co- accused Shiv Kumar Gond who has been enlarged on bail.
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 Vijayi Gond involved in Case Crime No. 76 of 2018, under Sections 323, 325, 504, 304 IPC, Police Station Balua, District Chandauli 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 :- 30.11.2018 A. Singh