Heard learned counsel for the applicant, learned A.G.A and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No. 1052 of 2017 under Sections 395, 397, 412, 149 I.P.C, Police Station Chinhat, District Lucknow, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, and in jail since 08.02.2018 . It is further submitted on behalf of applicant that he is falsely implicated by the police only to show their good work and he further submitted that the case of applicant is similar to the co-accused namely Manoj @ Chhotu who has already been enlarged on bail by this Court in Bail Application No. 5970 of 2019 vide order dated 23.07.2019 (appended as annuexure No.5 to the application). He further submits that he has having a criminal history of two cases which was received through RTI, out of which in one Case Crime No.83 of 2018, the applicant is on bail by this Court. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant.
Considering the rival submissions of learned counsel for parties, material available on record, ground of parity with the co-accused as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Ramesh @ Raju be released on bail in the aforesaid Case Crime on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 30.8.2019 S. Shivhare