Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20373 of 2018 Applicant :- Ramesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Indra Kumar Chaturvedi 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 seven accused persons, namely, Ankit, Sandeep, Silu, Ravi, Deepak, Raju and Ramesh alleging that on 9.10.2017 accused Ankit, Sandeep and Silu armed with pistols, accused Ravi armed with knife and sword; accused Deepak, Raju armed with lathi-danda, Ankit and Sandeep shot fire at Rituparan, he received one gun shot injury on his head, resultantly he died and Silu shot fire at Rohit, he received one gun shot injury on his leg.
It is submitted by learned counsel for the applicant that the case of the present applicant is identical to co-accused Deepak who has already been enlarged on bail by this Court vide order dated 05.04.2018 passed in Criminal Misc. Bail Application No. 12324 of 2018 and the applicant is entitled to bail on the ground of parity. The applicant is innocent and has been falsely implicated due to enmity. According to F.I.R. weapon lathi- danda was assigned to the present applicant but injuries found on the body of deceased and injured are caused by fire arm. According to postmortem report, only one firearm injury was found on the body of deceased. No injury was found on the body of deceased caused by lathi-danda. There is general allegation against the applicant. Offences levelled against the applicant are not attracted in the present case. There is no independent witness against the applicant. He is languishing in jail since 11.01.2018 (more than four 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 counsel for the complainant opposed the prayer for bail.
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 weapon lathi-danda was assigned to the applicant.
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. It is made clear that no parity can be claimed on the basis of this order.
Let the applicant Ramesh involved in Case Crime No. 638 of 2017, under Sections 147, 148, 149, 307, 302, 506 IPC, Police Station Mawana, District Meerut 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 :- 29.5.2018 OP