Single-judge criminal court allowed bail to the applicant, Mintu Giri, in an assault-by-dharna-case resulting in death despite no new evidence, noting co-accused bail and lack of criminal history.
Bail granted on a personal bond and two sureties subject to standard conditions including no tampering with evidence and appearance in court.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5074 of 2019
Applicant :- Mintu Giri Opposite Party :- State Of U.P. Counsel for Applicant :- Narendra Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Narendra Nath Tripathi, learned counsel for the applicant, Sri Pankaj Kuamr Rai, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against nine accused persons, namely Mintoo Giri, Bittu Giri, Hridyanand Giri, Shatrughan Giri, Virendra Giri, Indu Devi, Nisha, Fulmati, Harindra alleging that on 8.9.2018 they assaulted Pintu Giri, Neelam, Fula, Guddi, Chandrabhan with sharp edged weapon and iron rod. Pintu received one head injury, resultantly died. Injuries received by the injured are not dangerous to life.
It is submitted by learned counsel for the applicant that coaccused namely Indu Devi and Phulmati have already been granted bail by this Court vide order dated 9.1.2019 and 17.1.2019 in Criminal Misc. Bail Application No. 1129 of 2019 and 2209 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 innocent and has been falsely implicated in the present case. There are general allegations against all accused persons. It is not clear from the prosecution case, who is the author of head injury due to which he died. There is no independent witness and no legal evidence against the applicant. Injuries received by the injured are simple in nature. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 14.9.2018 (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 Mintu Giri involved in Case Crime No. 359 of 2018 as well as Session Trial No. 635 of 2018, under Sections 147, 148, 323, 304 IPC, Police Station Ramkola, District Kushinagar 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 :- 6.2.2019 A. Singh
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving assault causing death where co-accused have already been granted bail.
Mintu Giri
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
