Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23926 of 2021 Applicant :- Ramkeshwar Opposite Party :- State of U.P.
Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This is second bail application filed on behalf of applicant. The first bail application of applicant was rejected by this Court vide order dated 10.02.2021, passed in Criminal Misc. Bail Application No. 7859 of 2021.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. Initially a non cognizable report was lodged making general allegations and after the death of deceased, the first information report was lodged against the applicant and co- accused Madan Mohan, Hardayal and Sita and that only general role was assigned to all the four accused persons including the applicant. It was submitted that as per postmortem report of deceased, there was one stitch wound of size 7 c.m. long having 5 stitches, on cutting Hematoma was present on all over areas on scalp. Learned counsel submitted that as general allegations were made against all the four accused persons regarding assault on deceased, thus, it cannot be said that who is the author of said injury. It was also stated that after rejection of first bail application, co-accused Madan Mohan has been granted bail by co-ordinate Bench of this Court vide order dated 15.03.2021, passed in Criminal Misc. Bail Application No.
8619 of 2021. Lastly, it was submitted that now the applicant is languishing in jail since 14.11.2020, having no criminal history and that in case the applicant is released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that first bail application of applicant has already been rejected on merits and that role of causing fatal injury has been attributed to applicant.
Perusal of record shows that first bail application of applicant was rejected on merits by this Court vide order dated 10.02.2021, passed in Criminal Misc. Bail Application No. 7859 of 2021. However, after rejection of first bail application of applicant, co-accused Madan Mohan has been granted bail by co-ordinate Bench of this Court vide order dated 15.03.2021, passed in Criminal Misc. Bail Application No. 8619 of 2021 and other co-accused, namely, Hardayal has already been granted bail by co-ordinate Bench of this Court vide order dated 05.02.2021, passed in Criminal Misc. Bail Application No. 8266 of 2021. As per statement of injured witness, namely, Rahul, the deceased was assaulted by Madan Mohan with Pharsa and by applicant with Kudal and thus, the role of applicant appears similar to that of co-accused Madan Mohan. Further, now the applicant is in judicial custody since 14.11.2020.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The second bail application of applicant is allowed.
Let the applicant Ramkeshwar involved in case crime no. 558 of 2020, under Sections 304, 323, 504 IPC, P.S. Kotwali, District Maharajganj, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 23.9.2021 A. Tripathi Digitally signed by RAJBEER SINGH Date: 2021.09.29 18:04:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad