Court No. - 25
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2609 of 2019 Applicant :- Maya Ram Opposite Party :- State Of U.P. Counsel for Applicant :- S.M.Ayaz Ali Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
This bail application has been moved by accused-applicant Maya Ram in Case Crime No. 101 of 2018, under Section 302, 120B I.P.C., Police Station Basai Mohammadpur, District Firozabad, with contention that accused-applicant is innocent. He has been falsely implicated in this very case crime number. The first information report was lodged against four persons namely, Manoj, Arvind, Dinesh and Bihari Lal, in which the occurrence has been said of night 9:00 P.M. on 27.08.2018 when those named accused persons gave firearm shot to the son of informant and who succumbed to above injury while being taken to hospital. The inquest report and autopsy examination has got conducted. The informant in his statement recorded under Section 161 Cr.P.C. has reiterated his version in F.I.R. The son of informant in his statement has disclosed the name of the applicant for conspiracy. The name of applicant came in the light on 31.08.2018, after five days of incident. Applicant's sister was married with co-accused Bihari Lal but she had died 14 years back and since then there is not relation but false implication has been made. Bail has been prayed for.
Learned A.G.A. for the State has opposed the bail but has admitted this fact that the name of accused-applicant was got in the statement of eye witness Virendra after five days of occurrence.
The death of deceased owing to gun shot wounds of entry and exit over the person of deceased has been assigned to four named accused persons and for accused-applicant there is accusation of conspiracy and presence at the remote place and being in company of accused persons after the occurrence.
Looking to the facts and circumstances, accusation of involvement, likelihood of tempering of evidence, in case of release on bail, no previous antecedents and without commenting on merits of the case, it is fit case for bail.
Let the applicant Maya Ram be released on bail in Case Crime No. 101 of 2018, under Sections 302, 120B I.P.C., P.S. Basai Mohammadpur, District Firozabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 21.1.2019 Kamarjahan