Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15413 of 2018 Applicant :- Ramesh Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Mishra 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, the F.I.R. was lodged against unknown person alleging that on 29.4.2017 some unknown persons killed Sri Nasikgiri (Sitaram) (Guru mahant Haridwargiri Navdeshwar Temple, Ghaziabad. Case was registered for the offence under Section 302 IPC. During investigation, accused Pappu was arrested by the police, he confessed and stated that Ashok Giri Baba, Deepu @ Dipak Mishra, Awadhram @ Awadesh, Ramesh, Dinesh and Tribuwan were also indulged in this crime.
It is submitted by learned counsel for the applicant that co- accused namely Deepak Mishra, Ashok Kumar, Awadhram, Dinesh Kumar, Pappu Rajbhar, Tribhuwan Rajbhar have been granted bail by co-ordinate Bench of this Court vide order dated 9.8.2017, 1.9.2017, 18.9.2017, 20.9.2017, 36238 of 2017 and 1.11.2017 in Criminal Misc. Bail Application Nos. 26476 of 2017, 33143 of 2017, 35357 of 2017, 36503 of 2017, 36238 of 2017 and 36239 of 2017, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness against the applicant. Applicant was not named in the F.I.R. The name of the applicant was disclosed by co-accused Pappu in his confessional statement before the police personnel. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 31.1.2018 (near about three 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 and the case of present applicant is identical to co- accused Deepak Mishra, Ashok Kumar, Awadhram, Dinesh Kumar, Pappu Rajbhar, Tribhuwan Rajbhar who has been enlarged on bail.
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. 584 of 2017, under Sections 302, 120-B, 34 IPC, Police Station Sihani Gate, District Ghaziabad 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 :- 26.4.2018 A. Singh