Court No. - 25
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49186 of 2018 Applicant :- Parashuram Opposite Party :- State Of U.P.
Counsel for Applicant :- Prabhooti Kant Tripathi,A.T. Pandey Counsel for Opposite Party :- G.A.
Hon'ble Salil Kumar Rai,J.
This bail application has been filed by Parashuram s/o late Haridwar Yadav, R/o Village Cheria, P.S. Belipar, District Gorakhpur for bail in Case Crime No. 312 of 2018 under Section 302, 120B, 34 I.P.C and 3/25/27 Arms Act, Police Station Belipar, District Gorakhpur.
It has been urged by the counsel for the applicant that in the Fist Information Report, the applicant has been alleged to have exhorted one Rupesh Yadav to fire at the deceased. It has been further urged by the counsel for the applicant that there are no allegations of any direct or active role of the applicant in the crime and the applicant has been falsely implicated. It has been submitted that the applicant has no criminal history and if he is released on bail, he will never misuse his liberty and will co-operate in the trial. The applicant is in jail since 21.7.2018 and further one of the co-accused Ramasant Yadav whose role as stated in the F.I.R is identical to that of the applicant has already granted bail by this Court vide its order dated 5.12.2018 passed in Criminal Misc. Bail Application No. - 45966 of 2018 Learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the veracity of argument led by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence this bail application is allowed.
Let the applicant- Parashuram, involved in Case Crime No. 312 of 2018, under Sections 302, 120B, 34 I.P.C. and 3/25/27 Arms Act, Police Station Belipar, District Gorakhpur, be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relative) 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 file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge, (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 21.12.2018 IB