Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44939 of 2018 Applicant :- Ram Prakash Opposite Party :- State Of U.P. Counsel for Applicant :- Geetam Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned counsel for complainant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Rahul, Harish Chandra, Ram Prakash, Shiv Kumar and Shivam Saxena alleging that on 27.7.2017 they shot fire at Ravi with illegal firearm. Ravi received one gunshot injury, shot by Rahul and Shiv Kumar and died on the spot.
It is submitted by learned counsel for the applicant that case of present applicant is identical to co-accused Harish Chandra and Shivam Saxena @ Shubham Saxena, who have already been enlarged on bail by coordinate Bench of this Court vide order dated 12.12.2017 and 18.5.2018 passed in Criminal Misc. Bail Application Nos. 48636 of 2017 and 38757 of 2017 and the applicant is entitled to bail on the ground of parity. The applicant has been falsely implicated in the present case. He is languishing in jail since 18.9.2018 (more than two months); one case of criminal history has been explained. General role has been assigned to all the accused except accused Rahul and Shiv Kumar. There is no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.He admitted that the case of the applicant is identical to above co-accused- Harish Chandra and Shivam Saxena @ Shubham Saxena, who have been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, 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 applicant Ram Prakash involved in Case Crime No.287 of 2017, under Section 147, 148, 149, 302, 120-B IPC, Police Station Patiyali, District Kasganj be released on bail on furnishing a personal bond and two 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 court below shall be at liberty to cancel the bail.
Order Date :- 29.11.2018 OP