Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43 of 2021 Applicant :- Ramesh Dom Opposite Party :- State of U.P.
Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Vivek Kumar Singh, learned counsel for the applicant as well as learned AGA for the State and perused the material on record.
Learned Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in this case. FIR was lodged against 106 persons with general allegations. There is no direct or indirect evidence against the applicant to connect him with the present case. Co-accused Chandresh Yadav has already been granted bail by coordinate Bench of this Court vide order dated 12.12.2017 passed in Criminal Misc. Bail Application No.48178 of 2017(Annexure 3 to the affidavit filed in support of the bail application). It is then submitted that the role assigned to the applicant is similar to the co-accused, who had been granted bail by this Court and as such the applicant is entitled to bail on the ground of parity. Learned counsel for the applicant lastly submitted that the applicant is in jail since 16.4.2016 and if released on bail, he will not misuse the liberty of bail.
On the other hand, learned AGA for the State vehemently opposed the prayer of bail but could not dispute the aforesaid facts.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant-Ramesh Dom be released on bail in Case Crime No.215 of 2016 under Sections 147, 148, 149,342, 353,, 332, 333, 307, 323, 336, 308, 504, 506, 427,364, 364-A, 368 IPC and 3/4 Public Property Damages(Prevention) Act, Police Station Cantt., District Varanasi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 6.1.2021 P.P.