Heard Sri Syed Mahmood, Sri D.K. Verma and Sri Santosh Shukla, learned counsel for the applicant, learned A.G.A. for the State of U.P., Sri B.B. Dubey, learned counsel for the complainant and perused the record.
This bail application has been moved by the applicant Thakur Prasad with a prayer that he may be released on bail in case crime No. 43 of 2009 under section 304 I.PC, P.S. Ajeetmal, District Auraiya.
The facts, in brief, of this case are that the FIR of this case has been lodged by Ram Naresh on 18.3.2009 at 7.45 A.M. in respect of the incident which had occurred on 17.3.2009 at about 9.30 A.M. It is alleged that the deceased Gyan Singh was driver of the applicant. The amount of salary and its arrears was due upon the applicant for which the altercation was taken place between them. The applicant had extended the threat of life. On 15.3.2009 at about 10.00 A.M. the applicant and co-accused Guddoo came to the house of the deceased, they apologised by saying that their mood was not good that is why they told something wrong and he was asked to go in their company for driving the vehicle, on assurance of clearing the account. On 17.3.2009 at about 7.00 P.M. the first informant tried to know whereabouts of the deceased from the applicant and his son on telephone, it was replied that he had gone to Delhi on the same day whereas on 16.3.2009 at about 4.00 P.M. the deceased was seen in their company, on 17.3.2009 at about 9.30 P.M. the deceased was brought by the applicant and co-accused Guddoo on a motorcycle and thrown him on the road side, at that time the deceased was crying, after throwing the deceased on the road side the applicant and co- accused Guddoo went towards the village Bhekheypur, it was told by the deceased that he was beaten by the applicant and his son Guddoo, its telephonic message was given to the S.P. and S.O. Ajitmal, the deceased was taken to the hospital of Dr. Nirmal Khedia but before getting any medical add the deceased died. According to the post mortem examination report the deceased had sustained ante mortem abrasion on the front of his neck, cause of death was as a result of strangulation. It is contended by learned counsel for the applicant that the deceased was found in a dead condition on the road side. The prosecution story is highly improbable. The cause of death was due to strangulation, it shows that the deceased himself was not in a position to disclose the fact that he was beaten by the applicant and co-accused Guddoo. No other injury was found on the person of the deceased. The applicant has been falsely implicated on the basis of doubt and suspicion. The applicant is not having any criminal antecedent. Some of the witnesses namely Shyam Singh and and other had stated before the I.O. that they saw the deceased when he was crying, he was drunkard. The deceased was taken to the hospital of Dr. Nimal Khedia where he died. According to the statement of the above mentioned witnesses, nobody was seen throwing the deceased on the road side. There is no evidence to show that how and what manner the injury was caused on the person of the deceased. The applicant has been falsely implicated due to village partibandi.
In reply of the above condition, it is submitted by learned A.G.A. and learned counsel for the complainant that the deceased was called by the applicant, he is employer, after causing the injury on the neck of the deceased he was brought on a motorcycle by the applicant and his son and thrown him on the road side and escaped from their. The applicant was having strong motive to commit the alleged offence. The deceased was a poor person and all the witnesses have filed the affidavits before the S.P. Auraiya. In case the applicant is released on bail, he may temper with the evidence.
Considering the submissions made by learned counsel for the applicant, learned A.G.A., learned counsel for the complainant and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Thakur Prasad involved in case crime no. 43 of 2009 under sections 304 i.p.c., P.S. Ajeetmal, District Auraiya be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
1. That the applicant shall not temper with the evidence.
2. That applicant shall report to the police station concerned in the first week of each month to show his good conduct and behaviour.
In default, the bail granted to the applicant shall be deemed cancelled and he shall be taken into custody forthwith. Dt:29.01.2010 RPD/