Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7595 of 2018 Applicant :- Ram Ashare Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Varma,Mahadeo Singh Chandel Counsel for Opposite Party :- G.A.,Durga Prasad
Hon'ble Rajul Bhargava,J.
Heard Sri M.S. Chandel, learned counsel for the applicant, Sri Durga Prasad, counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 114 of 2017, u/s 302, 201 IPC, P.S. Kadoura, District Jalaun with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is maternal uncle of wife of the deceased; an application u/s 156(3) Cr.P.C. was moved after three months by the father of the deceased; it is stated that the applicant has been falsely implicated merely because he is maternal uncle of the co-accused Smt. Sunita, who had motive to eliminate her husband; it is argued that Smt. Sunita has been granted bail by another Bench of this court in Bail Application no. 23767 of 2018, therefore, the applicant may also be enlarged on bail.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Ram Ashare involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.10.2018 Dhirendra/