Allahabad High Court
Bablu vs State Of U.P. on 16 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20458 of 2019
Applicant :- Bablu
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sahab Tiwari,Saurabh Tiwari,Sita Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant, is taken on record.
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 13 persons including the applicant. In FIR the main role of causing injury to the deceased on his head with Tanchiya has been assigned to co-accused Om Prakash. The allegation against the applicant is that he had committed marpit with kicks, fists, brick and stones. It has further been mentioned that Shaitan Singh had fired upon Than Singh but he escaped away. No gun shot injury has been found to deceased Than Singh. At the time of postmortem 7 injuries have been found on the body of the deceased. In X-ray report non depressed fracture in left temporo-fronto parietal bone and another non depressed fracture has been found in the left frontal bone to the deceased. As per FIR co-accused Om Prakash had caused injury to the deceased on his head with Tanchiya. The applicant had not caused any head injury to the deceased. There is general allegation against the applicant. No specific role has been assigned to him. The injuries of injured are not fatal to their lives. It has further been submitted that case of the applicant is distinguishable from the case of co-accused Om Prakash. Nothing has been recovered from the possession of the applicant or on his pointing out. The co-accused Shaitan Singh against whom the role of firing has been assigned, has already been released on bail by another bench of this court vide order dated 5.4.2019 in Criminal Misc. Bail Application No. 14134 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 19.2.2019.
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 Bablu involved in Case Crime No. 707 of 2018, under section 147, 148, 149, 302, 324, 323, 336, 504, 506 IPC, P.S. Khandauli, District Agra 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 :- 16.5.2019
Masarrat
