Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20700 of 2021 Applicant :- Ram Hirday Opposite Party :- State of U.P.
Counsel for Applicant :- Brij Gopal Singh,Saransh Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that co-accused Natthu has been granted bail by coordinate Bench of this Court vide order dated 3.8.2021 passed in Criminal Misc. Bail Application No.20715 of 2021. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, the applicant is also entitled for bail. It is further submitted that applicant has no criminal history. He is languishing in jail since 25.09.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicant Ram Hirday involved in Case Crime No.180 of 2020 under Sections 147, 148, 304, 323, 504, 506 IPC, Police Station Attarra, District - Banda be released on bail on furnishing a personal bond and two heavy 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. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
4. 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 him 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.8.2021 ss