Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38966 of 2017 Applicant :- Ghanendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Tripathi Counsel for Opposite Party :- G.A.,Jitendra Kumar Singh
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant and learned AGA for the State, and perused the record.
It is submitted by learned counsel for the applicant that in this case after investigation, Final Report has been submitted against this accused. Subsequently, vide order dated 17.1.2017, Ghanendra, Mintoo and Ram Dayal were summoned under Sections 304/34, 323, 504, 506 IPC by Additional Sessions Judge, Court No.3, Jhansi under Section 319 Cr.P.C. The applicant has been falsely implicated in the present case and during investigation, no evidence was found against this applicant. On the statement of three witnesses, this accused was summoned without affording opportunity of hearing and cross-examining the prosecution witnesses. He is languishing in jail since 21.6.2017(more than eleven months). Criminal history has been explained. 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 A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Learned counsel for the complainant opposed and placed reliance in the case of Neeru Yadav vs. State of U.P. and Another, (2016) 15 SCC, 422 and submitted that this accused has criminal history of nine cases but he is on bail in one case and in other cases, he is acquitted. He is previous convict under Section 302 IPC.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, 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 Ghanendra involved in Case Crime No.333 of 2014, under Section 304/34, 323, 504, 506 IPC, Police Station Mauranipur, District Jhansi 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 :- 30.5.2018 P.P.