Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7988 of 2019 Applicant :- Ramesh Prasad Shukla Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Singhal,Shivendra Raj Singhal Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely Ramesh Prasad Shukla, Bagwati Devi @ Nirmala, Vinay Kumar Shukla and Asha Devi alleging that on 12.6.2015 they killed Komal by setting her on her pouring kerosene oil.
It is submitted by learned counsel for the applicant that vide order dated 1.10.2015 the applicant has already been granted bail by this Court in the same case crime for the offence under Sections 306, 323, 504 IPC, Police Station Gajipur, District Fatehpur. Later on, one complaint was moved, applicant was summoned vide order dated 7.6.2016. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. There is no independent witness. He is languishing in jail since 9.1.2019 (more than one and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Ramesh Prasad Shukla involved in S.T. No.
133 of 2018, under Section 302 IPC, Police Station Ghazipur, District Fatehpur be released on bail on furnishing a personal bond and two 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 court below shall be at liberty to cancel the bail.
Order Date :- 25.2.2019 A. Singh