Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24934 of 2018 Applicant :- Ram Chandar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Learned A.G.A. has filed counter affidavit, is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to prosecution case, F.I.R. was lodged on 30.11.2016 against four accused persons, namely, Misri Lal, Chote Lal, Ram Chandar and Manni Lal, alleging that on 29.11.2016, they assaulted Lal Chandra and set him on fire by pouring kerosene oil; he received ninety percent burn injury and died.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; he has no concern with the deceased Misri Lal; there is no motive against the applicant; story setup by the complainant is false and unnatural; incident is of night and nobody has seen the said incident; the applicant is the resident of another place. It is urged that the statement of eye witness was recorded after 20 days who is the son of the deceased; co-accused Chotey Lal has already been granted on bail by this court; copy of bail order has been placed on record; there is no possibility to get this case be decided shortly in near future; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 08.12.2016 (more than one year and five months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 the applicant-Ram Chandar involved in the Case Crime No.428 of 2016, under Sections 302, 506, 34 I.P.C., P.S. Tharwai, District Allahabad be released on bail on his 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, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 27.7.2018 Saurabh