The Single Judge granted bail to the applicant in a criminal matter under Section 304 IPC, ordering release on personal bond with two heavy sureties subject to specific conditions.
Released on bail with a personal bond and two heavy sureties subject to specific conditions and verification of sureties.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12462 of 2019
Applicant :- Pintu @ Devendra Prajapati Opposite Party :- State Of U.P. Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated; that as per averments made in F.I.R. lodged on 27.1.2019 by Brijesh Shakya, his brother Dinesh had gone with applicant at about 4:00 p.m. on 26.1.2019 and applicant came back at about 9:00 p.m. with mud-stained clothes and upon being asked stated that he does not know as to where is Dinesh and the next morning of 27.1.2019, dead body of Dinesh was found in fields near Sarafat Cold Storage; that post mortem report of deceased states that deceased sustained multiple lacerated wounds and contusions all over his body, as anti mortem injuries and died due to cardiac arrest on account of myocardial infarction and strong alcohol smell was present in his stomach; that deceased was a drunkard and appears to have suffered injuries under intoxication; that applicant did not cause any injury to deceased; that applicant had no motive to cause death of deceased; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 31.1.2019.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Pintu @ Devendra Prajapati be released on bail in Case Crime No.57 of 2019, under Section 304 I.P.C., P.S. Gursahaiganj, District Kannauj on furnishing a personal bond and two heavy sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge,
recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.3.2019 Tamang
1 issue framed by the court
Whether the applicant is fit for grant of bail under the totality of circumstances.
Pintu @ Devendra Prajapati
Harsh Kumar
As recorded by the court registry
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