Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28965 of 2019 Applicant :- Ram Surat Pasi Opposite Party :- State of U.P.
Counsel for Applicant :- Ragvendra Singh Rathour,Arvind Kumar Singh,Kundan Kumar,Rizwan Ahamad Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Arvind Kumar Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is not named in the FIR. Motive suggested in the present matter cannot be assigned against the applicant. Nothing is recovered from the possession of the applicant. Name of the applicant surfaced in the second statement of the informant. At this juncture learned counsel appearing for the applicant referred to the second statement of the informant Laxmi and further argued that no active role has been assigned against the applicant in it also. It was further argued three prosecution witnesses have been examined before the trial court but they have also not supported the prosecution case in regard to the present applicant. None has seen the incident. No prima facie case is made out against the applicant. He was implicated in this case on the basis of false facts. There is no direct evidence against the applicant. Applicant is in jail since 23.04.2018 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.
On the other hand, learned AGA opposed the prayer for bail.
In this matter although two persons were done to death yet the applicant is not named in the FIR. No active role has been assigned against him. Thus, considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, complicity of the accused, scrutinizing the facts mentioned in the FIR, statement of witnesses recorded under Section 161 Cr.P.C. and 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 the applicant Ram Surat Pasi involved in Case Crime No. 104 of 2018, under Sections 302, 307, 120-B I.P.C., P.S. Nawabganj, District Prayagraj (Allahabad) be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the 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.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 19.8.2021 Sachdeva