Order 12/09/2017 The present Misc bail application under section 439 Cr.P.C. is preferred by the Accused/ petitioner in the matter of FIR No. 699/2014 registered at Police Station Bayana, for offences punishable under Sections 147, 148, 149, 323, 341, 452, 325,
302 and 427 of IPC. Learned counsel for petitioner submits that petitioner is in custody since 26.10.2014 and till date only one witness has examined. All other co-accused have already been released on bail and only petitioner is in custody. The cause of death of deceased- Dinesh is hemorrhage from brain by vertex injury which attributes to co-accused- Pushpendra who has already been released on bail (2 of 3) [CRLMB-11873/2017] by the co-ordinate Bench of this Court vide order dated 07.05.2015. The allegation against the present petitioner is that he inflicted injury on left leg of deceased which is not cause of death, therefore on the ground of parity this third bail application may be allowed and petitioner may be released on bail. Learned Additional Advocate General Mr. B.N. Sandhu opposed the bail application but factually didnt dispute the aforesaid facts. I have considered the submissions made at bar. On consideration of submissions made on behalf of the respective parties and the material made available for my perusal and without expressing any final opinion on the merit and de- merit of the case and specially considering the fact that petitioner is in custody since 26.10.2014, all other co-accused including main accused- Pushpendra have already been released on bail and the allegation against the petitioner is regarding inflicting injury by farsa on left leg, I am inclined to grant benefit of bail to the accused-petitioner. Consequently, the bail application filed under Section
439 Cr.P.C. of accused-petitioner is allowed. Therefore, it is ordered that the accused-petitioner Ashok Kumar S/o Durga Prasad in FIR No. 699/2014 registered at Police Station Bayana, shall be released on bail; provided he furnishes a personal bond of Rs. 2,00,000/- and two surety bonds of Rs. 1,00,000/- each to the satisfaction of the learned trial court (3 of 3) [CRLMB-11873/2017] with the stipulation to appear before the Trial Court on all dates of hearing and as and when called upon to do so. (BANWARI LAL SHARMA)J. S. Kumawat/51