Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37519 of 2021 Applicant :- Ram Kishore Opposite Party :- State of U.P.
Counsel for Applicant :- Gaurav Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
Facts in brief are that on 18.02.2021 at about 12:00 A.M. there was altercation between the family of applicant and informant. Allegedly applicant alongwith three other co-accused persons threw stones from the roof causing injuries to several persons from the side of the informant in which one Nebulal died. Initially an N.C.R. was lodged which was converted u/s 304, 323, 504 I.P.C.
It is submitted that applicant is innocent and has been falsely implicated in this case. He has not committed any offence. Injuries were caused to the person of applicants side regarding which N.C.R. was lodged against the informant. There was no motive and intention to cause death of deceased. There is general allegation of marpit against the applicant and other co- accused persons. Co-accused Sanil Dev @ Sanidewal has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.44150 of 2021. The case of the applicant also stands on similar footing to that of co-accused person. The applicant is 60 years old person and languishing in jail since 23.02.2021 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, nature of the evidence on record, complicity of the accused, the fact that co- accused has already been enlarged on bail by the co-ordinate Bench of this Court and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ram Kishore involved in Case Crime No.36 of 2021, under Sections 304, 323, 504 I.P.C., Police Station Sonha, District Basti, 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.
4. 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.
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 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.
Order Date :- 23.12.2021 Ashok Gupta