Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19993 of 2018 Applicant :- Ramayan Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Prabodh Dubey,Ashok Kumar Giri Counsel for Opposite Party :- G.A. Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to prosecution case, F.I.R. was lodged against unknown persons alleging that on 28.10.2017 Vidyawati was killed by some unknown persons; according to the postmortem report three lacerated wound and two contusion injuries were found on the body of the deceased; subsequently one witness, namely, Jamaluddin stated in his statement that accused Sambhu, Ramayan, Suneel Chauhan and Pattu were used to visit at the house of the deceased; during investigation it was also found that the deceased was the lady of bad character and was involved in prostitution business; some condoms and other related materials were recovered from the house of deceased; after investigation charge- sheet was submitted against all accused persons.
Learned counsel for the applicant submitted that on the basis of suspicion the applicant has been falsely implicated in the present case; the applicant is not named in the F.I.R; there is no eye- witness account against the applicant; there is no independent witness against the applicant; due to bad character some unknown persons had killed 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 02.11.2017 (more than six and half months) having no criminal history.
It is further stated that the co-accused, namely, Sambhu Chauhan has already been granted bail by this Bench vide order dated 17th May, 2018 in Criminal Misc. Bail Application No. 6560 of 2018 (Sambhu Chauhan versus State of U.P.) and the case of the applicant stands of identical footing, hence the applicant is also entitled for bail on the ground of parity.
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 Ramayan Chauhan involved in the Case Crime No. 340 of 2017, under Sections 302 and 323 I.P.C., P.S. Turkpatti, District Kushi Nagar 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.
(Aniruddha Singh, J.) Order Date :- 28.5.2018 Sushil/-