Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7676 of 2019 Applicant :- Harish Chandra Ram Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Mishra,Nagendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 17.5.2018, dead body of Vikash Kumar Ram was found. Subsequently, it was found that there is illicit relation between sister of co-accused Vipin Kumar Bhartiya and deceased. Vipin Kumar Bhartiya killed Vikash Kumar Ram with the help of Harish Chandra Ram.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is no independent witness against the applicant. The role of the applicant was catching hold only. Offences levelled against the applicant are not attracted in the present case. One knife was recovered from the joint possession of applicant and co-accused. So-called recovery made by the police was falsely. There is no legal evidence against the applicant except confessional statement of applicant and co-accused before the police personnels. He is languishing in jail since 17.5.2018 (more than nine months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Harish Chandra Ram involved in Session Trial No. 176 of 2018 as well as Case Crime No. 54 of 2018, under Section 302 IPC, Police Station Karimuddinpur, District Ghazipur 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 :- 25.2.2019 A. Singh