Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20841 of 2018 Applicant :- Vinod Dhangar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Tiwari,Ashok Kumar Mishra,Ashok Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the state and perused the record.
According to the prosecution case the F.I.R. was lodged against six accused persons, namely, Shambhu Dhangar, Vinod Dhangar, Jai Singh Chero, Vijay Chero, Dharmu Dhangar and Achchey Lal Dhangar alleging that on 11.07.2017 they assaulted the deceased Ram Kewal (father of the complainant) with lathi-danda and sharp edged weapon, he received seven incised wound, stab wound, one lacerated and one contusion, resultantly died.
Learned counsel for the applicant submitted that co- accused namely Dharmu Dhangar and Acchelal Dhangar have already been granted bail by this Court vide order dated 19.4.2018 in Criminal Misc. Bail Application No. 1542 of 2018, since the role of the applicants are not distinguishable with the role of co-accused, therefore, the applicants are also entitled for bail. The applicants have been falsely implicated in the present case; there is no independent witness against the applicants; general role has been assigned against all accused; weapon axe was assigned against the applicants but one injury cuased by axe was found on ankle joint, injuries are not on vital part and not grievous in nature; hence no offence under Section 302 I.P.C. is made out against the applicants; in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial; they are languishing in jail since 13.7.2017 (more than ten and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against these accused.
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 the applicants Vinod Dhangar and Shambhu Dhangar involved in the Case Crime No. 30 of 2017, under Sections 147, 148, 149, 302, 504 I.P.C., P.S. Rampur Barkoniya, District Sonebhadra be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission, of which applicants are suspected.
v) The applicants shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 31.5.2018 A. Singh