Hon'ble Aniruddha Singh, J. allowed the bail application of Ravindra Nath Pandey, considering arguments regarding co-accused bail, lack of independent witnesses, and the applicant's non-violent role in a sudden fight resulting in death.
Applicant released on bail by furnishing a personal bond and two sureties subject to standard conditions.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15070 of 2019
Applicant :- Ravindra Nath Pandey Opposite Party :- State Of U.P. Counsel for Applicant :- Syed Shahnawaz Shah,Farida Jajal
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned AGA for the State and perused the record.
According to prosecution case, F.I.R. was lodged against six accused persons, namely Banshidhar Pandey, Satyendra Pandey, Anil Pandey, Nirmla Pandey, Durgawati Devi and Ravindra Pandey alleging that on 24.11.2018 they assaulted Devanand Pandey with lathi-danda, ganasa, he received nine injuries, one on head, resultantly died.
It is submitted by learned counsel for the applicant that coaccused namely Smt. Durgawati Devi and Anil Pandey have already been granted bail by this Court vide order dated 21.1.2019 and 6.3.2019 in Criminal Misc. Bail Application Nos. 2729 of 2019 and 8482 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. In the same incident, husband of co-accused Smt. Durgawati was also died. An F.I.R. has also been lodged from the side of applicant as Case Crime No. 103 of 2018 against opposed party. It was a case of sudden fight and incident has taken place in spur of moment. At this stage, it is not possible to decide who is the aggressor. The applicant is innocent and has been falsely implicated in the present case. There is general allegation against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 25.11.2018 (more than four and half 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.
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 applicant Ravindra Nath Pandey involved in Case Crime No. 101 of 2018, under Sections 147, 148, 149, 308, 326, 427, 304 IPC, Police Station Shahabganj, District Chandauli 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 :- 11.4.2019 A. Singh
1 issue framed by the court
Whether the applicant is entitled to bail in the pending criminal prosecution.
Ravindra Nath Pandey
Aniruddha Singh
As recorded by the court registry
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