This is a bail application where the court observed that a co-accused had been granted bail and the applicant had no prior criminal history, deeming it a fit case for release on bail.
The applicant is to be released on bail by furnishing a personal bond and two sureties subject to standard conditions.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17286 of 2018
Applicant :- Ganesh @ Dinesh Opposite Party :- State Of U.P. Counsel for Applicant :- Bhupendra Kuamr Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 9.10.2017 against three accused persons, namely Mangali, Harishankar, Ganesh alleging that on 8.10.2018 they assaulted Omprakash with lathi-danda, he received six injuries i.e. one on head and one on shoulder and four on leg, resultantly died.
It is submitted by learned counsel for the applicant that coaccused namely Salaroo has been granted bail by this Court vide order dated 26.4.2018 in Criminal Misc. Bail Application No. 15487 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. There is general allegation against the applicant. Only one injury on his vital part was found on the body of deceased. There is no independent witness against the applicant. He is languishing in jail since 13.11.2017 (near about six months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to coaccused Salaroo who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Ganesh @ Dinesh involved in Case Crime No. 987 of 2017, under Sections 323, 504, 506, 304, 325 IPC, Police Station Bisalpur, District Pilibhit 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:
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 :- 9.5.2018
A. Singh
1 issue framed by the court
Whether the applicant is entitled to bail in view of similar cases and lack of criminal history.
Ganesh @ Dinesh
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
