Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38705 of 2018 Applicant :- Virendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Bahadur Shivhare,Rahul Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against six persons namely, Swatantra Rajpoot, Ram Kripal, Virendra, Karan, Chatur Singh and Lakhan alleging that on 8.5.2018 they assaulted Kamal Kishore with lathi, danda and axe. He sustained eight injuries including two on head and died. Bloodstained stick(danda) was recovered from the possession of co-accused Lakhan.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 10.5.2018(more than nine months) having no criminal history. He has been falsely implicated. General role is assigned to all the accused persons. There is no recovery from this applicant. Only two injuries were found on head of the deceased due to which he died. There is no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Virendra involved in Case Crime No.41 of 2018, under Section 147, 148, 302 IPC, Police Station Muskara, District Hamirpur 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 :- 26.2.2019 P.P.