Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51758 of 2019 Applicant :- Vinay Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Vimal Kumar Pandey,K.K.Rao Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of applicant, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident has been lodged against 4 persons including the applicant making general allegation for committing marpit with the deceased. No specific role has been assigned to the applicant. As per postmortem report one stitch wound has been found on the skull of the deceased and cause of death of the deceased has been shown Coma due to ante mortem injury but it is not specified as to who is the author of this head injury. It has further been submitted that the applicant has not committed the alleged offence. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The deceased died after 7 days of the alleged incident. There is cross version of the alleged occurrence. From the side of the applicant FIR under section 308 IPC has also been lodged. At this stage it can not be determined as to who was the aggressor. The applicant has no criminal history and is in jail since 15.6.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Vinay Singh involved in Case Crime No. 298 of 2019, under section 323, 352, 304 IPC, P.S. Tarya Sujan, District Kushi Nagar be released on bail on his furnishing a personal bond with 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 evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall 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 :- 27.11.2019 Masarrat