Ashok vs State Of U.P.
2019 Latest Caselaw 2387 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11791 of 2019
 

 
Applicant :- Ashok
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Mukesh Kumar Maurya
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

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 was lodged with the delay of 4 days and there is no satisfactory explanation of this delay. In FIR it has been mentioned that due to dispute of partition the applicant committed marpit with the deceased with kicks and fists and with brick in the abdomen of the deceased. The deceased was shifted in hospital PGI Saifai for treatment where he succumbed to his injuries. Informant Vijay is not the eye witness of the alleged occurrence. The applicant and deceased are real brothers. P.W. 2 Jabar Singh is said to be the eye witness of the alleged incident. He is also the brother of applicant as well as the deceased. In his statement he has stated that applicant committed marpit with the deceased but at the time of postmortem no ante mortem injury was found on the body of the deceased. The cause of death of the deceased could not be ascertained, therefore, viscera was preserved. There is no viscera report on record. In fact, the deceased was habitual drinker and he was suffering from the disease of Asthama. The applicant has not committed any marpit with the deceased. He has falsely been implicated in the present case. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has no criminal history and is in jail since 31.5.2018.

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 Ashok involved in Case Crime No. 222 of 2018, under section 304 IPC, P.S. Kurra, District Mainpuri 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 :- 3.4.2019

Masarrat