Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41610 of 2018 Applicant :- Khilauna @ Ram Khilauna Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 09 of 2018, S.T. No. 202/2018, u/s 302, 201 IPC, P.S. Mirzapur, District Shahjahanpur with the prayer for enlarging him on bail.
It is urged that co-accused Dheer Singh has already been enlarged on bail by this court; copy of bail order is placed on record; name of the applicant has surfaced on last seen evidence; no recovery has been made from the applicant; chain of events do not link the applicant to the commission of the offence; there is no eye witness account; applicant has no other reported criminal antecedent; applicant is languishing in jail since 15.2.2018. If he is released on bail, he will never misuse his liberty and will co-operate in the trial. It is stated that co-accused Sukhpal and Jaipal have been granted bail by another Bench of this Court in Bail Applications no. 32710 of 2018 and 37138 of 2018, therefore, the applicant may be enlarged on bail on the ground of parity.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Khilauna @ Ram Khilauna involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.10.2018 Dhirendra/