The court allowed bail to the applicant Bachchan charged with offences under Sections 323 and 304 IPC. The court held it was a fit case for bail upon furnishing personal bond and sureties, subject to conditions not to tamper with evidence or misuse liberty.
Applicant Bachchan enlarged on bail on furnishing personal bond and two sureties with specific conditions.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32369 of 2020
Applicant :- Bachchan Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.,Preet Pal Singh Rathore
Hon'ble Dinesh Pathak,J.
Heard Sri Bharat Singh, learned counsel for the applicant, Sri Raj Kumar Verma holding brief of Sri Preet Pal Singh Rathore, learned counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant - Bachchan with a prayer to enlarge him on bail in case crime no. 264 of 2020 C.N.R. no. UPBN01-004260-2020 under Section 323, 304 I.P.C., P.S. Wazeerganj, District Badaun, during the pendency of the trial.
The first informant has lodged an FIR dated 28.6.2020 alleging therein that on 27.6.2020 at about 5.30 p.m. one of his family members namely, Sarwar son of Bunda Shah took out money from the 'Galla (Donation box)' kept at the ' Majar ' and when his father Shakeer Shah objected to this act of Sarwar and asked him to keep the money back in the 'Galla', he became annoyed and thereafter Sarwar along with Anwar, Shahwaj Ali and Bachhan assaulted his father with 'lathi' and 'Danda'. When the informant tried to save his father he was also assaulted by the accused persons and they ran away from the spot. His father was taken to the Hospital for treatment but he died during treatment.
Learned counsel for the applicant has submitted that the applicant has falsely been implicated in the case on false and fictitious allegations for some ulterior motive. In fact, no such incident took place on the spot as alleged in the first information report with respect to taking out money from the 'Gala'. Learned counsel for the applicant further submitted that the first informant Sonu Shah himself has stated in his statement under Section 161 Cr.P.C. that one Anwar has hit on the head of his father with a cricket bat. Learned counsel for the applicant has drawn attention of the Court to the postmortem report wherein only injury has been shown on the head of the deceased, which corroborates the statement of the first informant that it was caused by Anwar, and no specific role has been mentioned attributing the present applicant in the crime. It is further submitted that co-accused Shahwaj Ali has been
granted bail by this Court today passed in criminal misc. bail application no. 31624 of 2020. Learned counsel for the applicant submitted that in case the applicant is released on bail he will not misuse the liberty of bail and there is no apprehension of his absconding or hampering the trial in any manner. The applicant is in jail since 01.07.2020.
Per contra, learned A.G.A. has vehemently opposed the bail application and contended that his innocence cannot be adjudicated at pre trail stage, therefore, he does not deserve any indulgence and there is likelihood of his involvement in other case. In case he is released on bail, he may misuse the liberty of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Bachchan be enlarged on bail in case crime no. 264 of 2020 C.N.R. no. UPBN01-004260-2020 under Section 323, 304 I.P.C., P.S. Wazeerganj, District - Badaun, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 14.10.2020 nd
1 issue framed by the court
Whether the applicant is entitled to bail under Section 323/304 IPC during the pendency of the trial.
1 provisions across 1 enactments
Bachchan
State of U.P.
Dinesh Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
