Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33807 of 2019 Applicant :- Ashok Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Chauhan,Ram Sharan Giri Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as Sri K.P. Tiwari, learned Brief Holder for the State and perused the record.
According to prosecution case, FIR was lodged against Babu Singh, Arvind, Pooja Devi and Sudama alleging that on 9.5.2018 they killed Rohit @ Pandit(son of complainant). Later on, on affidavits of Ram Khilawan and Geeta Devi, names of Ramautar, Shivaji, Ashok and Purushottam were surfaced and it was found that they have killed Rohit @ Pandit and falsely implicated named accused persons. 'Darati' without blood stained was recovered at the pointing out of co-accused Purushottam.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 13.5.2019 (more than three months) having no criminal history. Co-accused namely Ramautar and Purushottam have already been granted bail by this Court vide order dated 2.7.2019 and 6.8.2019 in Criminal Misc. Bail Application Nos. 24435 of 2019 and 31742 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. According to postmortem report, seven injuries(five incised wounds and two abraded contusions) were found on the body of deceased. Except the affidavit of Ram Khilawan and Geeta Devi, there is no legal evidence against the applicant. There is no independent witness or eye-witness account. Nothing has been recovered at his pointing out or from his possession of applicant. Only on the basis of suspicion, he has been falsely implicated. General role has been alleged against the applicant. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned Brief Holder opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Ashok Kumar involved in Case Crime No.220 of 2018, under Section 302 & 201 IPC, Police Station Rasoolabad, District Ramabai Nagar/Kanpur Dehat 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:
1. The applicant will not tamper with the evidence during the trial.
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 :- 21.8.2019 A. Singh