Hon'ble Aniruddha Singh, J. allowed a bail application for Kripashankar charged with offences under IPC 504, 302, 325, etc., noting no criminal history and precedent bail granted to a co-accused.
Granted interim bail on personal bond and two sureties subject to conditions regarding appearance and conduct.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13472 of 2019
Applicant :- Kripashankar Opposite Party :- State Of U.P. Counsel for Applicant :- Surya Pratap Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Smt. Ladlee Pandey, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against six accused persons, namely, Kripashankar, Jharkhande Sharma, Atibal Sharma, Datibal Sharma, Pancham Sharma and Lalla Sharma alleging that on 5.10.2018 they assaulted Rama Shankar Chauhan with lathies and dandas. He received three injuries. Two are on head, resultantly died.
Learned counsel for the applicant submitted that coaccused namely Jharkhande Sharma has already been granted bail by this Court vide order dated 26.2.2019 in Criminal Misc. Bail Application No. 8390 of 2019, 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 languishing in jail since 7.10.2018 (near about six months) having no criminal history; the applicant is innocent and has been falsely implicated in the present case; general allegations are made against all the accused. There is a cross case also, which was registered as NCR No. 0254 of 2018 in which seven persons got injured, including four women. There is no independent witness against the applicant. There is no eye witness account 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. as well as learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicant has no criminal history and the case of present applicant is identical to co-accused Jharkhande Sharma 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 Kripashankar involved in Case Crime
No. 234 of 2018, under Section 147, 148, 323, 325, 504, 302, 34 IPC, Police Station-Suriyawan, District-Bhadohi 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 :- 2.4.2019 A. Singh
2 issues framed by the court
Whether bail should be granted to the applicant who has no criminal history.
Whether the applicant is entitled to bail considering the co-accused was granted bail.
Kripashankar
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
