Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48915 of 2018 Applicant :- Baliram Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Baliram seeking bail in Case Crime No. 619 of 2016, under Sections 147, 148, 149, 323, 504, 506, 332, 353, 307, 342, 427, 436, 336, 325 IPC and 7 Criminal Law Amendment Act & 3 Prevention of Damage to Public Property Act 1984 P.S.Shahpur, District Gorakhpur.
Learned counsel for the applicant has submitted that the F.I.R. was lodged against twelve named persons and other unknown persons. The applicant is not named in the F.I.R. The applicant was earlier implicated in a case which was registered as case crime no. 359 of 2010, under section 302 I.P.C. in which he has been convicted and against the order of conviction, the applicant filed an appeal before this Court in which he has been directed to be released on bail. Even in the said case in which the applicant has been convicted it is alleged that on account of some quarrel between the parties on trivial issue the applicant is said to have fired on the deceased by his licensee double barrel gun and cartridges which were recovered from the spot, the same as per the ballistic expert opinion, have not been fired by double barrel gun of the applicant. Learned counsel for the applicant has next submitted that similarly placed large number of co-accused persons have already been granted bail in the present case .
It is lastly submitted that the applicant is in jail since 10.11.2016 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Baliram 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 subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant 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, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 19.12.2018 R