Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Ram Gopal @ Kallu Shukla seeks bail in Case Crime No. 144 of 2019, under Sections 302, 120-B, 34 IPC, P.S. Bisanda, District- Banda.
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 there is no direct or circumstantial evidence against the applicant. Learned counsel for the applicant has next submitted that first information report has been lodged against unknown persons. The name of the applicant has surfaced in the statement of Mahesh @ Bhola, who has already been granted bail by another Bench of this Court in Criminal Misc. Bail Application No. 57917 of 2019 vide order dated 7.1.2020. The recovery of country made pistol shown to be recovered from his possession is false and planted. Learned counsel for the applicant has next submitted that other co-accused Sumit Tiwari, Shailendra Tiwari and Dileep @ Banta have already been granted bail by another Bench of this Court in Criminal Misc. Bail Application Nos. 49385 of 2019, 3926 of 2020 and 27334 of 2020 vide orders dated 18.11.2019, 28.1.2020 and 6.10.2020 and the case of the applicant stands on the same footing as that of the other co-accused who have already been granted bail. The applicant has no previous criminal history and subsequently he has been involved under section 3/25 Arms Act and under the gangster act. Lastly, it is submitted that applicant is in jail since 10.8.2019 and there is no chance of applicant fleeing away from the judicial process and tampering with the evidence.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that similarly placed co-accused have already been granted bail.
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 Gopal @ Kallu Shukla 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 :- 18.1.2021 KU