Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34041 of 2018 Applicant :- Virendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Tarun Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Virendra has prayed to release him on bail in Case Crime No. 137 of 2018, u/s 323, 304 I.P.C., P.S. Malwan, District Fatehpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number, which was got registered against three known persons and many other resident of village as unknown, by father of deceased Chhedua, with this contention that son of informant was at village of accused persons where his sister was married. At about 12:00 A.M. there occurred some altercation in between Shiv Narayan, Vijendra, Narendra and Kallu @ Jaikaran, in which those three along with many others of village assaulted him by lathi and danda. He was badly injured over his head and person. Dial 100 was informed and he was taken at Hospital, Fatehpur, wherefrom referred to Hallet Hospital, Kanpur. In between, he succumbed to above antemortem injuries. There is no independent eye-witness account of the occurrence and informant was not eye-witness account. No specific accusation of assault is there. Whereas injuries found on the person of deceased were 16, having 14 injuries of abrasion and two were held to be of contusion resulting death. Who gave these two injuries were not cleared as above. Accused applicant is real brother of son-in-law of informant. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application with this contention that specific accusation against present accused applicant and one of his brother is there, against whom charge- sheet has been filed.
Having heard learned counsel for both sides and gone through the material placed on record, it is apparent that it was an FIR against three named and many other of village, for giving assault to deceased. Informant was not eye-witness account and no eye-witness account is there. Accused applicant is of no criminal antecedent. Injuries over deceased were said to be by otherwise by village person regarding his act of outraging modesty of some girl of that village. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Virendra, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.5.2019 Kamarjahan