Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34795 of 2019 Applicant :- Ramdhari Kharwar Opposite Party :- State Of U.P. Counsel for Applicant :- Bindu Kumari Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Case called out, no one is present due to Advocate's strike.
After perusal of the entire records, this Court decides the bail application on merits.
This is a bail application on behalf of the applicant in connection with Case Crime No. 82 of 2019, under Sections 379, 411 IPC and Section 3(2) Prevention of Damages to Public Property Act, P.S. Shakti Nagar, District Sonbhadra.
It appears that the applicant was not named in the FIR. Offence is triable by the Magistrate. The co-accused Dharmendra Kumar Jha having similar role, has already been enlarged on bail vide order dated 5.8.2019 passed by the another Bench of this Court in Criminal Misc. Bail Application No.31371 of 2019. It appears that the applicant is languishing in jail since 25.6.2019.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Ramdhari Kharwar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 27.8.2019 Mini