Suresh Kumar Bind vs State Of U.P.
2019 Latest Caselaw 420 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9110 of 2019
 

 
Applicant :- Suresh Kumar Bind
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ashish Kumar Gupta
 
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 against 5 persons including the applicant. In FIR it has been mentioned that the deceased Priyanka who is aged about one year has sustained internal injury due to which she died. At the time of postmortem no visible injury has been found to the deceased. On opening skull blood clot was found to the deceased. The doctor in his statement has stated that the injury was fresh. In fact, the grand mother of the deceased namely Baskali Devi and her other family members were committing marpit with the persons of applicant's side. During incident the deceased has sustained injury who was in lap of Baskali Devi . The applicant has not caused any injury to the deceased. There is cross version of the alleged incident. From the side of the applicant one person has sustained injury and FIR was also loged on behalf of the applicant's side on the same day i.e. 17.5.2018. Thereafter, the FIR of this case was lodged by Mahendra Bind on 21.5.2018 showing the incident dated 17.5.2018 after 4 days of the alleged incident. There is general allegation against the applicant. No specific role has been assigned to the applicant. The applicant has no criminal history and is in jail since 25.12.2018.

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 Suresh Kumar Bind involved in Case Crime No. 122 of 2018, under section 147, 323, 325, 504, 506, 304 IPC, P.S. Mirzamurad, District Varanasi 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 :- 5.3.2019

Masarrat