Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15470 of 2018 Applicant :- Ram Pravesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Purushottam Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 23.1.2017 against four accused persons, namely Narayan, Rampravesh, Bulten, Smt. Shanti Devi and one unknown person alleging that on 6.1.2017 due to previous enmity of land dispute they killed Meena Devi by strangulation.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegation against all accused persons. Offences levelled against the applicant are not attracted in the present case. There is no independent witness against the applicant. F.I.R. was lodged after 16 days of incident. After thought, the false story was developed with legal consultation due to previous enmity. He is languishing in jail since 25.8.2017 (more than eight months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Ram Pravesh involved in Case Crime No. 79 of 2017, under Sections 147, 304, 120-B IPC, Police Station Kotwali Padrauna, District Kushinagar 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 :- 26.4.2018//A. Singh