Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7992 of 2019 Applicant :- Rama Shankar Khatik Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Kumar Shahi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Sri Mohd. Shoeb Khan, Advocate filed his Vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, Sri Mohd. Shoeb Khan, learned counsel for the complainant, Sri R.K. Singh, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons, namely, Shyambabu Khatik, Ramashankar Khatik and Lalbabu Khatik alleging that on 26.5.2018 they assaulted Chaturi Prasad and he specifically stated that co- accused Shyambabu had assaulted Chaturi Prasad and he received one incised wound on chest and died.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 11.6.2018 (more than eight months) having no criminal history. The applicant is innocent and has been falsely implicated in the present case. Specific role has been assigned to Shyambabu only. One injury was found on the body of the deceased. General role has been assigned to Lalbabu and applicant. No offence under Section 307 I.P.C. is made out against the applicant. There is no eye witness account against the applicant. There is no independent witness against the applicant 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. as well as learned counsel for the complainant 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 Rama Shankar Khatik involved in Case Crime No. 222 of 2018, under Section 302, 504, 506, 34, 324 IPC, Police Station-Kotwali Padrauna, District- Kushi Nagar 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 :- 25.2.2019 OP