Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50071 of 2017 Applicant :- Netram Opposite Party :- State Of U.P.
Counsel for Applicant :- Sageer Ahmad,Anubhav Shukla,Ashutosh Prasad Shukla,Bharat Singh,Ram Shiromani Shukla Counsel for Opposite Party :- G.A.,Shivajee Singh Sisodiya Hon'ble Sudhir Agarwal,J.
1. Shri Amit Kumar Srivastava, learned counsel for applicant, learned AGA for th State and Shri S. S. Sisodiya, learned counsel for the opposite party.
2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No. 122 of 2017, under Sections 302, 34 IPC, Police Station Aliganj, District Bareilly.
2. It is contended that FIR was lodged against unknown persons and from the statement of co-accused, applicant has been implicated, though there was no recovery from the applicant. It is also alleged that recovery was made only on the pointing out by co-accused Deendayal @ Deenanath and Khushi Ram and both these co-accused have already been granted bail vide order dated 4.12.2018 and 31.10.2018 passed in criminal Misc. Bail application No.42890 of 2018 and Criminal Misc. Bail Application No. 41347 of 20148, respectively, therefore, applicant is also entitled for bail on the ground of parity. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is having no criminal antecedents. The applicant is in jail since 10.8.2017 and in case he is enlarged on bail, he will not misuse liberty of bail.
3. Learned A.G.A. has opposed the prayer for bail.
4. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
5. The application is allowed.
6. Let applicant, Netram involved in Case Crime No. 122 of 2017, under Section 302, 34 IPC, Police Station Aliganj, District Bareilly be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
7. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 27.9.2019 Ravi Prakash