The court allowed the bail application of the applicant, Sanju, who was arrested in connection with suicide under Sections 304, 323, and 504 IPC. Despite the delay in FIR lodging and the prosecution version, the court found it a fit case for bail without commenting on merits.
Released on bail on furnishing a personal bond and two reliable sureties.
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Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7849 of 2018
Applicant :- Sanju Opposite Party :- State Of U.P. Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A., and perused the record.
This bail application has been moved by the applicant Sanju who is involved in Case Crime No. 452 of 2017, under Sections 323, 504, 304 I.P.C., Police Station-Civil Lines, District-Etawah.
As per prosecution version, on 13.9.2017 at about 7:00 PM, goat of applicant entered into the house of deceased-Jahar Singh and created some mischief therein. Deceased Jahar Singh stated the accused person to tie their goat. Due to annoyance of that, applicant and co-accused Bhura Devi caused injury to Jahar Singh and due to that, he later on died.
Learned counsel for the applicant contends that FIR has been lodged after four days of occurrence without any explanation. He further contends that in the inquest report, it is mentioned that the deceased accidentally fell down and due to which deceased sustained injuries and died. Informant and other person have also filed affidavit before the Investigating Officer stating that the deceased died due to accidental falling from the roof. The applicant has no criminal history and he is languishing in jail since 12.11.2017.
Learned A.G.A., has opposed the prayer for bail.
FIR has been lodged after four days of occurrence
Without commenting on the merit of the case and considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant-Sanju, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.
Application stands allowed .
Order Date :- 19.3.2018 Jaswant
2 issues framed by the court
Whether the applicant is entitled to bail considering the delay in lodging FIR and conflicting versions of injury.
Whether the case constitutes a fit case for enlarging the applicant on bail under the specified IPC sections.
Sanju
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
