Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15060 of 2018 Applicant :- Ram Chandra Opposite Party :- State Of U.P.
Counsel for Applicant :- S. Rashid,Deepak Singh Patel Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri S. Rashid and Sri Deepak Singh Patel, learned counsel for the applicant and learned State Law Officer and perused the record.
According to prosecution case, the first information report was lodged by the complainant/informant Chaman Lal, brother of the deceased Yogesh Kumar against four accused persons, namely, Dhirendra Tiwari, Pappu Tiwari, Bhole and the present applicant Ram Chandra; alleging that on 5th October, 2016 at about 6:30 p.m. Dhirendra Tiwari, Pappu Tiwari, Bhole came to the house of the complainant and brought my brother accompanied with him and for rectification of the electric line, they climbed him on a electricity pole and thereafter they in connivance with the applicant restored back the electricity, which was earlier shutdown; as a result whereof the brother of the complainant Yogesh Kumar electrocuted.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. No specific role is assigned against the applicant. The applicant was not on place of incident. There is general allegation against the applicant. Offence levelled against the applicant is not attracted in the present case. There was no intention to kill the deceased. Death of the deceased was a mere accident. There is no independent witness against the applicant. He is languishing in jail since 12th February, 2018 (more than two months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 Chandra involved in Case Crime No. 597 of 2016, under Section 304 of the Indian Penal Code, Police Station Kokhraj, District Kaushambi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. 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 her 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.
(Aniruddha Singh, J.) Order Date :- 24.4.2018 Sushil/-