Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30669 of 2019 Applicant :- Ram Chandra Opposite Party :- State Of U.P.
Counsel for Applicant :- Amar Chandra,Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicant has filed supplementary affidavit, the same is taken on record.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. He further adds that no specific role has been assigned against the applicant. General and vague allegations have been made against the applicant. The offence was committed on the occasion of Holi festival and it is not specific as to who caused the blow by stone on the head of the deceased. There is no specific case against the applicant. He is stated to be one of the co- accused without being assigned any special role. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 29.03.2019 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Ram Chandra involved in case crime no.144 of 2019, under Sections 304, 323, 336, 504 IPC, Police Station- Jalalabad, district Shahjahanpur 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.
Order Date :- 31.7.2019 Raj