Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17423 of 2019 Applicant :- Mahendra Ram And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Singh,Krishna Mohan Rai Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that initially F.I.R. was lodged against three accused persons namely, Vipin, Ravi and Ghanshyam and after investigation charge sheet has been submitted against them. During investigation, accused Marachhu (applicant no.2) , Mahendra (applicant no. 1) and Rampravesh were summoned under Section 319 Cr.P.C. vide order dated 7.12.2018 on the basis of statement of P.W. 1 Sanjeev Kumar and P.W.2 Akash @ Bholu. The applicant is innocent and has been falsely implicated in the present case. Applicants were not named in the F.I.R. There is general allegations against the applicants. Offences levelled against the applicants are not attracted in the present case. There is no legal evidence against the applicants. Applicant were summoned without giving opportunity of hearing and cross-examination of witnesses. They are languishing in jail since 26.3.2019 (near about one month) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial. Co-accused namely Ravi and Ghanshyam have been granted bail by co-ordinate Bench of this Court vide order dated 12.4.2017 in Criminal Misc. Bail Application No. 38651 of 2016, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no criminal history and they were summoned under Section 319 Cr.P.C.
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 applicants Mahendra Ram and Marchhu involved in S.T. No. 82 of 2016 as well as Case Crime No. 464 of 2016, under Sections 304/34 IPC, Police Station Ubhaon, District Ballia 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 :- 25.4.2019 A. Singh