Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11722 of 2019 Applicant :- Rambashis Alias Beese Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Awadh Maurya,Anup Kumar Pandey,Manoj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely, Ram Ashish (Husband), Niranjan (Father-in-law), Indrawati (Mother-in-law) Devar and Devrani alleging that Reeta sister of the complainant was married with Ram Ashish in the May, 2016. For demand of Rs.50,000/-, they killed her. As per the post mortem examination report the cause of death was due to asphyxia as a result of ante mortem injures.
The learned counsel for the applicant contended that there is a delay of three days in lodging the FIR and no plausible explanation for delay has been given. It is further contended by the learned counsel for the applicant that general role has been assigned to the applicant. The applicant has been falsely implicated in the present case, the deceased might have committed suicide for the reason best known to her.
It is also the submission of the learned counsel that similarly placed co-accused Smt. Indrawati, Niranjan Sahani and Aneeta have already been granted bail by another bench of this court in Criminal Misc. Bail Application No. 30361 of 2018, Criminal Misc. Bail Application No. 18767 of 2019 and Criminal Misc. Bail Application No.30705 of 2018 on 22.2.2019, 3.5.2019 and 16.8.2018 and the case of the applicant stands on identical footing of that co-accused, hence, the accused- applicant is also entitled for bail on the ground of parity. It is next contended that the applicant is in jail since 25.4.2018 with no previous criminal history and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. 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.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Rambashis Alias Beese involved in Case Crime No. 145 of 2018, under Sections 498-A,304-B I.P.C., and section 3/4 of D.P. Act P.S. Pharenda, District Maharajganj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.5.2019 N.A.