Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24718 of 2019 Applicant :- Ram Khiladi@Ram Niwas Opposite Party :- State Of Up Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Supplementary affidavit filed by learned counsel for the applicant today is taken on record.
By means of this application, the applicant, Ram Khiladi@Ram Niwas, has prayed to release him on bail in Case Crime No. 18 of 2019, u/s 395, 412 I.P.C., P.S. Gunnour, District Sambhal.
Heard learned counsel for the applicant and learned A.G.A. representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent; he has been falsely implicated in this case which was got registered under Section 395 I.P.C. Subsequently, on the basis of confessional statement made by co-accused, he was implicated under Section 412 for alleged recovery of looted articles whereas no such recovery was there, rather it was planted one and co-accused, Rajveer @ Bhaurey, has been enlarged on bail in the same case in Criminal Misc. Bail Application No. 23096 of 2019. He is of no criminal antecedents.
Learned AGA has vehemently opposed the bail application.
Accused applicant was enlarged on bail for offence of dacoity under Section 395 I.P.C. Subsequently, on the basis of recovery of Rs. 10,000/-, alleged to be recovered from him, he has been implicated in this case under Section 412 of IPC. Co-accused has been enlarged on bail in the same case crime. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Ram Khiladi@Ram Niwas, 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 :- 20.6.2019 Rohit