Court granted bail to three applicants charged with offences including murder and rioting in a homicide case. Applicants were ordered to furnish a personal bond and two heavy sureties subject to standard conditions.
Release of applicants on bail upon furnishing a personal bond and two heavy sureties, subject to specific conditions.
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Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39220 of 2019 Applicant :- Mahendra Singh And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Singh Counsel for Opposite Party :- G.A.,Rajeev Upadhyay,Shachi Kant Mishra
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, learned A.G.A for the State as well as learned counsel for complainant and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. They have not committed present offence. General role has been assigned to the applicants in the F.I.R. Referring to the contents of the F.I.R., it is further argued that if the entire prosecution case is taken into consideration, then also specific role has been assigned to co-accused Brajesh and Ajeet. Applicants do not have any previous criminal history. They are languishing in jail since 8.8.2019 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA as well as learned counsel for complainant opposed the prayer for bail and argued that parietal bone of the deceased was found fractured, which was resulted into the death of the deceased. Accused barged into the house of the deceased and committed present offence.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Mahendra Singh, Narendra Singh and Surendra Singh involved in Case Crime No.141 of 2019 under Sections 147, 352, 452, 323, 325, 504, 506, 304 I.P.C., Police Station Gambhirpur, District Azamgarh be released on bail on their furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 7.11.2019 / ss
1 issue framed by the court
Whether the applicants are entitled to bail in a criminal case involving offences under Sections 147, 323, 325, 504, 506, and 304 IPC.
2 provisions across 1 enactments
Mahendra Singh and 2 Others
Om Prakash-VII, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
