Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15289 of 2018 Applicant :- Ramdutt Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Manish Yadav, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that in the present case role of causing firearm injuries has been assigned to Veero alias Veerendra. It is next contended that the co-accused Pawan Singh and Banwari Lal have been granted bail by another Bench of this Court on 29.3.2018 in Criminal Misc. Bail Application Nos.10654 of 2016 and 29051 of 2016, copy of said orders have been produced by the learned counsel for the applicant, which are taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has criminal history which has been explained in para 14 to 29. The applicant is in jail since 11.12.2015.
Learned A.G.A. has pointed out that the applicant has criminal history of 19 case, but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Without expressing any opinion on the merits of the case let the applicant Ramdutt involved in Case Crime No.737 of 2015(S.T.No.80 of 2016), under Sections 302/34. 307/34 IPC. Police Station Tajganj, District Agra be released on bail on their furnishing personal bonds with two heavy 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 pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial Court on the date fixed.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.7.2019 Rk