Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54047 of 2019 Applicant :- Vijaypal Opposite Party :- State of U.P.
Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav 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 A.G.A and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against three persons including the applicant making general allegation for committing marpeet with the deceased with lathi danda.As per postmortem report five injuries have been found on the body of the deceased and the cause of death of the deceased has been shown coma due to antemortem injury. Injuries no. 2, 3 and 4 are on non vital part. The injury no. 1 is on head and injury no. 5 is on left side of chest. It appears that the injury no. 1 is on vital part and due to which the deceased died but it has not been specified as to who is author of this injury. No specific role has been assigned to the applicant. Co-accused Deepak @ Arvind and Mohan having identical role have already been released on bail by another bench of this Court vide orders dated 6.11.2019 and 14.11.2019 respectively, therefore the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 27.5.2019.
Per contra, learned A.G.A has opposed the prayer for bail but could not dispute the fact that co-accused Deepak @ Arvind and Mohan having identical role have already been released on bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Vijaypal involved in Case Crime No. 94 of 2019, under Sections 304, 323, 504 IPC, P.S. Hastinapur, District Meerut 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 co-operate 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/A.