Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13717 of 2020 Applicant :- Rakesh Vishkarma Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava, Alok Kumar Singh, Rahul Kumar, Ramesh Chandra Pathak, Shashi Dhar Shukla Counsel for Opposite Party :- G.A.,Gaurav Kumar Shukla
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant and the learned A.G.A.
This is a bail application on behalf of the applicant Rakesh Vishkarma in connection with Case Crime No.184 of 2019, under Sections 201, 302 I.P.C., Police Station Paikauliya, district Basti.
The first information report of this incident was lodged by the complainant against named persons including the applicant. It was alleged in the first information report that complainant's son Nirankar had been missing since 21.12.2019 and an information about his missing was given to the police on 22.12.2019. It was further alleged that a scuffle took place between Nirankar and tractor owner, Uday Bhan and his nephew Rakesh and they hatched a conspiracy and after committing murder of complainant's son Nirankar, his dead body was thrown near the river Ravai.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that co-accused Udaybhaan Vishwakarma has been admitted to the concession of bail by another Bench of this Court by order dated 27.07.2021 passed in Criminal Misc. Bail Application No.20623 of 2021, photocopy whereof supplied by learned counsel for the applicant has been perused by Court, is taken on record and role assigned to applicant is similar to role of other co-accused, who has already been enlarged on bail. He claims parity. He submitted that applicant is languishing in jail since 28.12.2019, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant and learned A.G.A. have opposed the bail plea. However, learned counsel for the complainant and learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 and also the fact that aforesaid co-accused has been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Rakesh Vishkarma involved in the aforesaid crime be released on bail on 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;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.12.2021 R./