Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48337 of 2018 Applicant :- Ram Bharosey Opposite Party :- State Of U.P.
Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned A.G.A. for the State and perused the record.
Applicant- Ram Bharosey seeks bail in Case Crime No. 363 of 2018, under Sections 307 & 506 I.P.C., P.S. Rajpura, District- Sambhal.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that even according to the prosecution own case the role of repeated firing has been assigned to Prem Pal however nobody has suffered any injury. The applicant has not been assigned any role of firing but is said to have only accompanied the accused persons and no overt act has been assigned to him.
Learned counsel for the applicant has next submitted that the applicant is in jail since 9.10.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Learned A.G.A. has vehemently opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that the applicant is in jail since 9.10.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Ram Bharosey be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 18.12.2018 Md Faisal