Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31681 of 2021 Applicant :- Ram Dev Vishwakarma Alias Ram Chandra Opposite Party :- State of U.P.
Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Ram Dev Vishwakarma Alias Ram Chandra, in Case Crime No. 95 of 2021, under Sections- 302, 394, 412, 120-B I.P.C., P.S.
Dhebaruwa, District- Siddharth Nagar.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 9.5.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; there was no recovery from the applicant; he was not named in the first information report, which was got lodged against unknown assailants; the statement of injured victim Mahesh is that miscreants were three in number and one of them gave knife blow to Pradeep causing his death; loot of motorcycle and mobile phone was made from Pradeep; the applicant along with six others were apprehended in other encounter case and this recovery was shown from them but nothing incriminating is there from applicant; the alleged knife said to be recovered from Rafikullah; the implication of applicant is with no recovery; co-accused Sabir, vide order dated 17.11.2021 in Criminal Misc. Bail Application No. 37600 of 2021, co-accused Pandey @ Sirajuddin vide order dated 15.12.2021 in Criminal Misc. Bail Application No. 36965 of 2021 and co-accused Bablu @ Manuddin vide order dated 17.12.2021 in Criminal Misc. Bail Application No. 45502 of 2021, have been enlarged on bail by Co-ordinate Benches of this Court. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent and he was neither named in FIR nor was apprehended instantly nor was there any recovery from him.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Ram Dev Vishwakarma Alias Ram Chandra, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 21.12.2021 Kamarjahan