Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20837 of 2018 Applicant :- Kishor @ Ram Kishor Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri G.P. Singh, learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged on 10.12.2016 against six accused persons, namely, Kishore, Ramvilas, Haripal, Ram Bhajan, Chandrabhan and Uma Shankar alleging that on 29.11.2016 deceased Morpal and Rajveer were travelling from motorcycle and they assaulted them with lathi-danda; co-accused Rambhajan poured diesel on Morpal and co-accused Haripal set him on fire. Consequently Morpal was died; the F.I.R. was lodged after eleven days of the incident.
Learned counsel for the applicant submitted that co- accused namely Uma Shankar has been granted bail by this Court vide order dated 3.4.2018 in Criminal Misc. Bail Application No. 9089 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. Due to previous enmity the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; the injured Rajveer has stated nothing against the applicant in his statement; he has stated that the deceased Morpal was driving the motorcycle harshly due to hit they have received injuries; the F.I.R. was lodged after thought; hence there is no evidence against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 19.7.2017 (more than ten months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused and the case of present applicant is identical to co-accused Uma Shankar who has been enlarged on bail.
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 the applicant Kishor @ Ram Kishor involved in the Case Crime No. 646 of 2016, under Sections 147, 148, 149, 302, 307 & 504 I.P.C., P.S. Faridpur, District Bareilly be released on bail on his 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 breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.5.2018 A. Singh