Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1489 of 2018 Applicant :- Ram Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ronak Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary and counter affidavits filed today are taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against applicant alleging that on 18.7.2017, the wife of complainant gone to house of applicant for getting back the money. He snatched the daughter (three months) of informant from the hands of wife of informant and threw her on the ground, she received two injuries i.e. one on neck and another on head, resultantly died.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. P.W.2 Smt. Shashi has been examined, he has not supported the prosecution case and turned hostile.
P.W.1 Ravi Kumar has also been examined and stated that mother of deceased slipped and her daughter fallen on the ground and died. There was no intention or knowledge to kill the deceased. The story narrated by the complainant appears to be false fabricate and unnatural, that was nothing else but mere an accident. Offences levelled against the applicant are not attracted in the present case. There is no possibility to get this case decided in short period in future. He is languishing in jail since 20.7.2017 (more than one year and four 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 applicant Ram Singh involved in Case Crime No. 254 of 2017, under Sections 304 and 504 IPC, Police Station Bacchrayu, District J.P. Nagar (Amroha) 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 A. Singh