Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22709 of 2019 Applicant :- Laxman Rai Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajeet Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. At the time of alleged incident the applicant was in jail in other case. The allegation of hatching conspiracy has been levelled against the applicant. There is no cogent evidence with regard to conspiracy. The applicant has no concern with the alleged incident. The co accused Gopal Pandey and Krishna Nand Pandey having identical role have already been released on bail by another bench of this court vide orders dated 1.6.2018 and 15.6.2018 in Cr. Misc. Bail Application Nos. 20898 of 2018 and 21611 of 2018 respectively, therefore, applicant is also entitled for bail on the ground of parity. Criminal history of the applicant has been explained in paragraph no. 3 of the affidavit filed in support of bail application. The applicant is in jail since 25.11.2014.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co accused Gopal Pandey and Krishna Nand Pandey having identical role have already been released on bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Laxman Rai involved in Case Crime No. 504 of 2015, under Section 120-B, 302 IPC and 3/25 Arms Act, Police Station Bhawarkol District Ghazipur 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.5.2019 Gss