Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52946 of 2019 Applicant :- Ramkesh Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri R.P. Srivastava, learned counsel for the applicant as well as Sri Ankit Shrivastav, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Ramkesh Yadav with a prayer to release him on bail in Case Crime No. - 213 of 2019, under Sections - 323, 504, 313 I.P.C., Police Station - Bakhira, District - Sant Kabir Nagar, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of assault, causing miscarriage, punishable with imprisonment upto life;
(ii) against FIR lodged on 04.06.2019, the applicant is in confinement since 14.10.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) though investigation is pending however, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis, only it may be noted, according to the applicant there is a pre-existing civil dispute between the parties. Only to pressure the applicant, wholly false allegations have been levelled against the applicant in the FIR. Insofar as Section 313 IPC is concerned, it has been submitted that the statement of the doctor has falsified the prosecution case;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.11.2019 Abhilash