The court allowed a bail application in a murder and culpable homicide case. The applicant, having no criminal history and assigned a general role, alleged false implications. The court found it a fit case for bail subject to standard conditions.
Released on bail on furnishing a personal bond and two sureties each in the like amount subject to specified conditions.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7007 of 2019
Applicant :- Chooraman Opposite Party :- State Of U.P. Counsel for Applicant :- Arun Kumar Vishvakarma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, 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, Rammurti, Kishan Singh, Omishankar, Churaman, Mohan Singh and Bhoori Devi alleging that on 1.3.2018 they assaulted Ramdas. He received on head injury and died. Specific role of assault to deceased has been assigned to co-accused Rammurti by axe on head.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 22.10.2018 (three and half months) having no criminal history. The applicant is innocent and has been falsely implicated in the present case. General role has been assigned to all accused. There was no intention or motive to kill the deceased. The main role of assault has been assigned to co-accused Rammurti. 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. 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 the applicant Chooraman involved in Case Crime No. 111 of 2018, under Section 147, 149, 323, 324, 304 IPC, Police Station-Pinahat, District-Agra 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 :- 18.2.2019 OP
1 issue framed by the court
Whether the applicant is entitled to bail in a case punishable under Sections 304, 324, 147, 149 IPC.
Chooraman
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
