Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19263 of 2021 Applicant :- Ramesh Khare Opposite Party :- State of U.P.
Counsel for Applicant :- P.K. Singh,Vijay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Shri P.K. Singh, learned counsel for the applicant, learned A.G.A for the State through video conferencing and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Applicant is not named in the F.I.R.. No active role has been assigned against him. It appears improbable and unbelievable that 14-15 person would poured kerosene oil over the body of the deceased simultaneously. At this juncture, learned counsel for the applicant referred to the contents of the F.I.R. and further argued that applicant was falsely implicated in this matter in the second statement of the witnesses recorded under Section 161 Cr.P.C. only on the basis that applicant is the relative of the main accused. Electronic evidence said to have been collected in the matter is not authentic, genuine and verified as per law. No motive is against the applicant to commit the present offence. The applicant has no criminal history. He is languishing in jail since 19.02.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
In this matter, as is evident from the record, applicant is not named in the F.I.R., F.I.R. was lodged by eye account witness. Name of the applicant surfaced in the second statement of the witness recorded during investigation and no active role has been assigned to the applicant. Thus, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ramesh Khare involved in Case Crime No. 765 of 2020, under Sections 147, 148, 149, 384, 302 IPC, P.S.
Tajganj, District - Agra be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.5.2021 Sanjeet Digitally signed by Justice Om Prakash Date: 2021.05.13 14:20:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad