Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51873 of 2019 Applicant :- Raghuveer Ram And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Mukesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Sri R.V. Pandey, Advocate, has filed appearance slip on behalf of informant today. Taken on record.
2. Heard Sri Mukesh Kumar Singh, learned counsel for the applicants; Sri R.V. Pandey, learned counsel for the informant as well as Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicants - Raghuveer Ram and Prabhawati Devi with a prayer to release them on bail in Case Crime No. - 88 of 2018, under Sections - 323, 504, 308 IPC, Police Station - Syed Raza, District - Chandauli, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicants are accused of assault and attempt to commit culpable homicide, punishable with imprisonment of seven years;
(ii) against the FIR lodged pursuant to NCR dated 23.7.2017, the applicants are in confinement since 21.10.2019;
(iii) the applicants claim to have cooperated in the investigation. In any case they are not shown to have unduly evaded arrest;
(iv) the applicants have no criminal history;
(v) charge-sheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it may be noted, according to the applicants, though the present application has been opposed on account of bail cancellation being sought in case of Hanuman, who had been enlarged on bail by the court of session, it appears that those bail cancellation proceedings rest on the footing that Hanuman had concealed the correct injury report from the session court. No such allegation appears in case of present applicants. Further it has been submitted by learned counsel for the applicants that similar and general allegations have been made against all four accused persons and no specific role has been ascribed to the applicants with respect to any particular injury;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicants, if enlarged on bail would either tamper with the evidence or delay the trial.
5. In view of the above, without expressing any opinion on the final merits of the case, let the applicants involved in the aforesaid crime be released on bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
8. This order may not prejudice to the outcome to the bail cancellation proceedings of Hanuman.
Order Date :- 26.11.2019 Prakhar