Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15944 of 2018 Applicant :- Rama Shanker Bind Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kant Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed by Sri Ramesh Chandra yadav, Advocate, appearing on behalf of complainant is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against nine named and 15-20 unknown persons, namely, Ram Shankar Bind, Sandeep Kumar, Gopi Chandra, Krishna Prasad, Radhey Raman Bind, Ram Sahay Bind, Shyam Babu, Ram Babu, Mahendra Kumar Bind alleging that on 25.12.2017 they assaulted Suneel, Ram Murti and Ram Krishna Yadav, Manoj Kumar, Ranjan Prasad Yadav and they received injuries; subsequently Ram Krishna Yadav was died; the co-accused Ram Sahai shot fire on Suneel by entering into the house of complainant Mahendra Kumar Yadav and he received injuries.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; the role of this accused is extended to exhortation only; general role has been assigned against all accused persons; deceased received two injuries one contusion 12cm x5 and one multiple abrasion all over chest and abdomen, it is not clear that who is the author of said injuries received by the deceased; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 05.01.2018 (more than three and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 Shanker Bind involved in the Case Crime No. 868 of 2017, under Sections 147, 148, 149, 323, 504, 506, 452, 307, 302 I.P.C., P.S. Meja, District Allahabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 30.4.2018 A. Tripathi