The Court granted bail to the applicant in a criminal case involving Sections 323, 342, 304, and 504 IPC. The applicant, having no specific role akin to a co-accused granted bail, was ordered to be released on personal bond and sureties.
Release of applicant on personal bond and two reliable sureties to the satisfaction of the court concerned.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41183 of 2020
Applicant :- Vishal Opposite Party :- State of U.P. Counsel for Applicant :- Saksham Srivastava,Akhilesh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s),Vishal, who is involved in Case Crime No.382 of 2020, under Sections 323, 342, 504 and 304 I.P.C. P.S.- Quarsi, District- Aligarh.
The F.I.R. version is that on 07.05.2020 at about 9.30 A.M. mother of the informant Shakuntala Devi was cleaning drain. At the time of cleaning drain some drops of mud were found at the house of Sarvesh Devi for which Sarvesh Devi, her sons Ravi and Vishal and wife of Ravi Smt. Priyanka Devi came and started hurling abuses and scuffling with mother of the informant. Ravi and Sarvesh Devi assaulted rod and bricks on the head of the mother of the informant Shakuntala Devi. She sustained head injuries. Information of the incident was given on 112 Dial. Mother of the informant was rushed to the hospital and she was referred to Medical. On the written information case crime no.382 of 2020, under Sections 323,504, 342 and 308 I.P.C. was registered. During treatment Shakuntala Devi died, therefore, Section 304 was enhanced.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that no specific role has been assigned to the applicant. Priyanka Devi, who has similar role, has been released on bail vide order dated 09.09.2020 by another Bench of this Court passed in Criminal Misc. Bail Application No.25242 of 2020.
Learned A.G.A. vehemently opposed the prayer for bail but conceded on the point of parity.
As per allegations of the F.I.R., the applicant has not been assigned any specific role of assaulting the deceased. Role of the applicant being similar
of Priyanka Devi who has been granted bail, the applicant deserves for granting bail.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Vishal, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 24.11.2020
Asha
2 issues framed by the court
Whether the applicant who has no specific role and is in parity with a co-accused granted bail deserves to be released on bail.
Whethergranting bail is a fit case under the circumstances of the case.
Vishal
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
