Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3874 of 2019 Applicant :- Pramod Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the F.I.R. There is no direct evidence against the applicant to connect him with this case. Monu is said to be the eye witness of the alleged occurrence but he has not disclosed the name of the applicant. The applicant has no concern with the alleged offence and he has been falsely implicated in this case due to being relative of the co-accused Poonam. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. The co-accused Ram Saran and Gudiya having identical role have already been released on bail by another bench of this court vide orders dated 2.7.2018 and 18.9.2018 respecitvely, therefore, applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 31.10.2017.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co -accused Ram Saran and Gudiya having identical role have already been released on bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Pramod Kumar involved in Case Crime No.213 of 2017 under Section 364/34 IPC Police Station Bakewar District Fatehpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.1.2019 Gss