Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20541 of 2016 Applicant :- Ashok @ Panne Opposite Party :- State Of U.P.
Counsel for Applicant :- Janardan Yadav,Akhilesh Kumar Singh,Kaushal Kishore Mani,Mamta Singh,Prem Narayan Tiwari,Raghvendra Prakash,Shiva Nand Pandey Counsel for Opposite Party :- G.A.,Harish K.Yadav,Vinod Kumar Yadav
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, Sri Vinod Kumar Yadav, learned counsel for the complainant and learned A. G. A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 212 of 2015, under Sections 304, 323, 504, 506 I.P.C., P.S. Rani Ki Sarai, District Azamgarh.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the Bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The further contention is that as per the F.I.R. allegations, the applicant and co-accused, Lallan have been assigned the role of causing injury to the deceased by 'pasa of kudal'. He further submitted that similarly placed, co-accused, Lallan has been granted bail by another Single Judge of this Court vide order dated 05.04.2019 passed in Criminal Misc. Bail Application No. 16212 of 2018, copy whereof has been produced before me, at the time of hearing of this bail applciation and has been taken on record, therefore, the applicant is also entitled to be released on bail. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 23.12.2015 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. It has been pointed out applicant is not having any criminal history.
Learned AGA has opposed the bail application of the applicant however, could not dispute the fact that the role of co-accused, Lallan and the applicant is identical and that Lallan has already been granted bail by this Court.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
The prayer for bail is granted. The application is allowed.
Let the applicant Ashok @ Panne involved in the aforesaid case be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 31.5.2019 V.S.Singh