Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40173 of 2019 Applicant :- Rajram Opposite Party :- State Of U.P.
Counsel for Applicant :- Satish Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri K.P. Tiwari, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against eleven accused persons, namely Sumit, Minish, Ahivaran, Rajaram, Chure, Jawaharlal, Munnalal, Surajmukhi, Hema Malini, wife of Munna Lal and Avadhesh alleging that on 28.3.2019 at night they killed Sudama Devi, she received five injuries including one gunshot injury. During investigation, it was found that Sumit and Ahivaran shot fire at deceased.
It is submitted by learned counsel for the applicant that co- accused namely Munish Alias Manish has already been granted bail by this Court vide order dated 19.8.2019 in Criminal Misc. Bail Application No. 33459 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There are general allegations against all accused persons except co-accused Sumit and Ahivaran. Main role of firing was assigned to co-accused Sumit and Ahivaran. The case of applicant is distinguishable from co-accused Sumit and Ahivaran. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. Incident took place at night, nobody has seen the incident. He is languishing in jail since 8.4.2019 (more than five and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to co- accused Munish Alias Manish who has been enlarged on bail.
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 applicant Rajram involved in Case Crime No. 26 of 2019, under Sections 307, 302 IPC, Police Station Sunngarhi, District Kasganj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 :- 27.9.2019 A. Singh