Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8560 of 2019 Applicant :- Vishram Rajbhar Opposite Party :- State Of U.P. Counsel for Applicant :- Dashrath Ram Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated; that as per averments made in F.I.R. lodged by Shail Kumari, applicant and co-accused persons collectively assaulted at her house and committed mar-peet resulting in injuries to her father-in-law Lallan, mother-in-law Muniya and herself and father-in-law is under treatment in District Hospital, Ballia; that death of Lallan did take place after 5 days on 8.12.2018 after which offence under Section 302 I.P.C. was added; that in F.I.R. as well as in statements of first informant and Smt. Muniya, collective and general role of causing injuries has been assigned to all accused persons wherein they also sustained certain injuries which are neither of grievous nature nor on vital parts of body; that post-mortem report of deceased states that he sustained single head injury which was cause of his death and no specific role of causing head injury has been assigned to applicant; that Smt. Soni, Devrani of first informant in her statement under Section 161 Cr.P.C. recorded after inordinate delay of 12 days by way of improvement has assigned lathi in the hands of applicant and Buddhiram and she has been falsely planted as eye witness of incident; that co- accused Deepak Rajbhar, Jitendra Rajbhar and Chandan Rajbhar were granted bail by trial court; that co-accused Buddhiram Rajbhar has been granted bail by another Bench of this Court vide order dated 22.2.2019 passed in Criminal Misc. Bail Application No.7716 of 2019, copy produced for perusal and is taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 24.12.2018.
Learned A.G.A. opposed prayer of bail.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment; grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Vishram Rajbhar be released on bail in Case Crime No.89 of 2018, under Sections 147, 148, 323, 325, 504, 506, 452, 308, 304 I.P.C., P.S. Khejuri, District Ballia, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.2.2019 Kpy