Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18258 of 2016 Applicant :- Ramayan Been Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Mishra,Chandra Prakash Misra,Rajesh Kumar Rao Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 1471 of 2015, under Section 302, 201 I.P.C., P.S.- Khadda, District- Kushinagar, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the deceased had gone missing on 07.12.2015. The F.I.R. was lodged by his father on 01.12.2015 implicating the applicant only on the basis of suspicion rather than any tangible evidence. He next submitted that there is neither any circumstantial nor direct evidence on record indicating at the complicity of the applicant. No incriminating article has been recovered from his possession or on his pointing out. He lastly submitted that the applicant who is in jail since 08.12.2015 is entitled to be released on bail.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Ramayan Been 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 in Case Crime No. 1471 of 2015, under Section 302, 201 I.P.C., P.S.- Khadda, District- Kushinagar, subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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.
Order Date :- 29.3.2018 KS