In a bail application under Sections 304, 506, etc. IPC for alleged lathi resistance causing death, the Single Judge, without commenting on merits, found it a fit case for bail and granted release on furnishing bond and sureties.
Applicants granted release on bail on furnishing a personal bond and two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13068 of 2019 Applicant :- Maatrani @ Matrani And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Kumar Yadav,Atmaram Nadiwal
Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicants, learned A.G.A. and perused the record.
Learned counsel for applicants contended that applicants have been falsely implicated; that as per averments made in F.I.R. lodged by Manoj Singh on 20.1.2019 against as many as 09 persons including applicants, applicants and co-accused persons were trying to take forcible possession over land of Vakil Singh, the maternal uncle of first informant and upon exhortation by co-accused Upendra Yadav and Munna Yadav, all of them assaulted with lathi, wooden stump ( phatta ) and iron rod on Vakil Singh and when his son Dharmendra came for rescue, he was also beaten and his Mama was taken to Ram Kola Hospital, from where he was referred to Gorakhpur Medical College and died there due to multiple injuries sustained in the incident; that as per post mortem report deceased sustained solitary anti mortem injury, which has been described as hematoma on left of temporal side to occipital region with fracture and cause of death has been mentioned as shock and comma due to anti mortem injuries; that no specific weapon or role has been assigned to applicants, who are ladies, rather general allegations have been made against all 09 accused-persons, while deceased has sustained solitary anti mortem injury; that applicants may not be considered to be author of solitary fatal injury of deceased; that applicants did not participate in any incident, as mentioned in F.I.R.; that recovery of lathi, wooden stump ( phatta ) and rod ( sabbal ) at the pointing of applicants and coaccused persons have been falsely planted, of which there is no independent witness; that co-accused Khaleel and Naseeb have been granted bail by another Bench of this Court vide order dated 27.3.2019 passed in Criminal Misc. Bail Application No.11810 of 2019, copy of which has been produced for perusal and taken on record; that case of applicants is identical to them, who have been granted bail; that applicants have no criminal history; that applicants undertake that they will not misuse liberty of bail; that applicants are in custody since 21.1.2019.
Learned A.G.A. vehemently oppose the prayer of bail.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment, grant of bail to co-accused 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 applicants Maatrani @ Matrani and Satma @ Fatma be released on bail in Case Crime No.27 of 2019, under Sections 147, 323, 304, 504, 506 and 447 I.P.C., P.S. Ram Kola, District Kushi Nagar on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants 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 they are 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 applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants 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 applicants to prison.
Order Date :- 30.3.2019 Tamang
2 issues framed by the court
Whether the application for bail is a fit case for grant of bail considering the applicants' alleged role and complicity.
Whether the applicants can be released on personal bond and sureties.
3 provisions across 2 enactments
Maatrani @ Matrani And Another
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
