In Criminal Misc. Bail Application No. 54183 of 2019, this Court granted bail to the applicant charged under multiple IPC sections for an affray causing death. The applicant was released on personal bond and two sureties.
Release of the applicant on bail on furnishing a personal bond and two sureties subject to specified conditions.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54183 of 2019
Applicant :- Sonu Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Maurya,Ashutosh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that initially N.C.R. under sections 323, 504, 506, 427 IPC was lodged against four persons including the applicant making general allegation for committing marpeet with the deceased and injured person. It has further been submitted that in first information report it has been mentioned that the incident has taken place due to path way. It has further been submitted that it was a case of sudden fight and incident has taken place in spur of moment, applicant's side has also received injuries. At this state it is not possible to decide who is the aggressor. There is no independent witness and no legal evidence against the applicant. As per postmortem report the cause of death of the deceased has been shown septicaemic shock and only one injury has been found in the abdomen of the deceased but it has not been specified as to who is author of this injury. It has further been submitted that co-accused Dhanawanti Devi and Reema Devi have already been released on bail by another bench of this Court vide orders dated 1.5.2019 and 26.8.2019 respectively, therefore the applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 10.10.2019.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Sonu Chauhan involved in Case Crime No. 155 of 2018, under Sections 147, 323, 504, 506, 427, 336, 304, 308 IPC, P.S. Jahanaganj, District Azamgarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
witnesses and co-operate with the trial.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 6.12.2019
A.
1 issue framed by the court
Whether the applicant is entitled to bail in the instant bail application.
Sonu Chauhan
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
