Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15450 of 2021 Applicant :- Ram Kumar @ Khauna Opposite Party :- State of U.P. Counsel for Applicant :- Himanshu Upadhyay,Prabhat Chandra Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.383 of 2020, under Sections 376(d), 364, 302, 201, 120-B I.P.C., Police Station Iglas, District Aligarh, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case; he has committed no offence; entire prosecution story is false and fake.
(ii) The applicant is not named in F.I.R. but his name came into light during investigation on the confessional statement of co-accused Yogesh and Gaurav alias Hulla. A purse and Adhar Card belongs to deceased Babita have been recovered from the possession of the Gaurav. As per medical report, there is no injury, internal or external, on the person of deceased.
(iii) He further pointed out that co-accused Yogesh, Gaurav alias Hulla and Pappu Kana @ Pawan have already been granted bail by co-ordinate Bench of this Court vide orders dated 16.12.2020, 4.02.2021 and 21.01.2021 in Criminal Misc. Bail Application Nos.43904 of 2020 and313 of 2021 and 3249 of 2021 and the case of the applicant stands of identical footing, hence the applicant is also entitled for bail on the ground of parity.
(iv) Applicant is in jail since 03.02.2021 having no criminal history to his credit. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but conceded the factual submission made by learned counsel for the applicant and could not show any other evidence except the confessional statement of Yogesh and Gaurav against the present applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, not naming the present applicant in F.I.R., severity of punishment in case of conviction, factum of bail to other co-accused, post mortem report of deceased, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Ram Kumar @ Khauna be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The applicant shall file computer generated copy of this order downloaded from the official website of Allahahad High Court. Authenticity thereof be verified by the authority concerned from the official website of this Court with a declaration of such verification in writing.
Order Date :- 8.4.2021 Manoj