Court No. - 20
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45825 of 2018 Applicant :- Ramchet And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sheetala Prasad Pandey,Amit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Amit Kumar Singh, learned counsel for the applicants and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 552 of 2018, under Sections 302, 201 I.P.C., Police Station Dhanghata, District Sant Kabir Nagar, during the pendency of trial.
The contention of the learned counsel for the applicants is that both the accused-applicant have been falsely implicated on the basis of confessional statement of Shyamsati in whose statement their name are appearing. He further submitted that the confessional statement was recorded after seven days of the occurrence. It is next argued that no incriminating article has been recovered from their possession or at their pointing out. The applicants have no previous criminal history. The applicants are languishing in jail since 4.10.2018. If they are released on bail, they would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact that the name of the accused applicants are appearing in the confessional statement of co-accused & no incriminating article has been recovered at their pointing out or from their possession, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicants- Ramchet and Ram Palat involved in aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.11.2018 A.P. Pandey