Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8670 of 2019 Applicant :- Ram Kishun Opposite Party :- State Of U.P.
Counsel for Applicant :- Prabhat Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Ram Kishun seeking bail in Case Crime No. 498 of 2018, under Sections 147, 148, 149, 307, 323, 504, 506 IPC, P.S.
Khorabar, District Gorakhpur.
Learned counsel for the applicant has submitted that the 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 similarly placed co-accused, Uday Bhan Sahni and Raghunath have already been granted bail by this Court, in Criminal Misc. Bail Application Nos. 31356 of 2018 and 33339 of 2018, vide orders dated 20.8.2018 and 3.12.2018 respectively.
It is lastly submitted that the applicant is in jail since 08.1.2019 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial. The criminal history of the applicant has been explained in paragraph 17 of the affidavit. .
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 the applicant Ram Kishun be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable heavy sureties (one family member) 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.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 27.2.2019 R