Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45078 of 2018 Applicant :- Ramesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Mishra,Anil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Dinsh Mishra, learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 16.8.2018 against eight named accused persons, namely Kamlesh, Rakesh, Rambabu, Shivprasad, Karandas, Ramesh, Jagpat, Ranjit Kumar @ Chhotu and unknown persons alleging that on 16.8.2018 they assaulted Ambika Prasad, Dilip Kumar, Bhartisaran and brother of the informant-Kallu. Kallu received two fire arm injuries shot by Kamlesh and Shiv Prasad, resultantly died. All other injuries were found simple in nature. During investigation, the name of Shivnandan was surfaced who was also indulged in this crime.
Learned counsel for the applicant submitted that there is a cross case in Case Crime No. 0313 of 2018 against six named accused persons, namely Lavkush @ Kumarnandan, Munna @ Bhartisaran, Amrika Prasad, Ashok Kumar, Ramprakash, Lalchandra and 10-11 unknown persons alleging that on 16.8.2018 they assaulted Kamlesh, Shivprasad, Rakesh, Shivnandan and Ram Lakhan. Accused Lavkush shot fired at Ram Lakhan, resultantly died. All other injuries of the injured were found simple in nature. Main role of shot firing at the deceased was specifically assigned to co-accused Kamlesh and Shiv Prasad. Role of other accused is general in nature. No offence under Section 307 I.P.C. is made out against the applicant. The applicant is languishing in jail since 1.9.2018 (about three months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; there is no independent witness 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 and there is cross case also.
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 the applicant Ramesh involved in Case Crime No. 0314 of 2018, under Sections 147, 148, 149, 302, 452, 323, 504, 506 IPC and Section 7 of Criminal Law (Amendment) Act, 1934,, Police Station-Sarai Akil, District-Kaushambi 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 :- 29.11.2018 OP