Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44077 of 2017 Applicant :- Pramod Dheemar Opposite Party :- State Of U.P.
Counsel for Applicant :- Laxman Pathak,Narendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Narendra Kumar, learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against two persons namely Pramod and Anish, alleging that on 04.02.2014 they assaulted the husband of complainant namely Ballu by axe on drunk condition, who received four injuries and ultimately died on 23.02.2014.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; general role has been assigned against both the accused persons; he is languishing in jail since 28.02.2014 (more than four years and two months) having no criminal history; only one witness has been examined till date; the complainant (wife of deceased) is not appearing in the trial court to give her statement before the court since long; there no possibility that this case will decide in near future; in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail;
Learned A.G.A. opposed the prayer for bail and submitted that there is criminal history against this accused person.
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 applicant Pramod Dheemar involved in the Case Crime No.52 of 2014, under Sections 302, I.P.C., Police Station Mauranipur, District Jhansi, be released on bail on his executing a personal bond and furnishing two sureties 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 appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 25.4.2018 VKG