Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38729 of 2018 Applicant :- Rameshwar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sanjay Kumar Dubey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.120 of 2018, under Sections 302 & 506 IPC, Police Station Hasayan, District Hathras, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the applicant is wholly innocent. In the first information report, five persons are stated to have caused injuries by knife to the deceased. However, during investigation, the wife and son of the deceased Smt. Veerma Devi and Omveer have specifically stated that co-accused Mahendra had slit the neck of the deceased. In the postmortem report also only solitary incised wound has been noted on the neck of the deceased. The case of the applicant is distinguishable from that of the main accused Mahendra son of Rameshwar. Lastly, it is submitted that the applicant, who is languishing in jail since 20.6.2018, having no criminal antecedents to his credit, deserves to be released on bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Rameshwar, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 30.10.2018 Hasnain