Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36069 of 2021 Applicant :- Ramashankar And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Rudra Pratap Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicants, Ramashankar, Ashik @ Ashish, in Case Crime No.242 of 2021, under Sections 147, 148, 149, 323, 504, 506, 325, 304 IPC, Police Station Jaswant Nagar, District Etawah.
Learned counsel for the applicant argued that the applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 19.06.2021 and 29.07.2021; they are of no criminal antecedent, there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail.
First Information Report was got lodged on 12.06.2021 for occurrence of 11.06.2021 i.e. it was delayed by one day. Seven persons were said to have made assault by lathi-danda and axe (kulhadi) resulting grievous hurt and death of the deceased. It i submitted that in autopsy examination report no anti-mortem injury is there and there is cardiac arrest. The entire acquisition is false. Two of the accused in this very case crime number Ram Baran and Sanoj had been enlarged on bail vide order dated 16.12.2021 by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.28149 of 2021. Hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedents and also the fact that two co-accused had been enlarged on bail and the death of the deceased was due to cardiac arrest.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicants, Ramashankar, Ashik @ Ashish, involved in above mentioned case crime number be released on bail on their executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 24.12.2021 Dhirendra/