Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5247 of 2019 Applicant :- Ramnivash Opposite Party :- State Of U.P.
Counsel for Applicant :- Prabhakar Tripathi,Ajay Kumar,Hanuman Prasad Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Vikram Nath,J.
Heard Sri Ajay Kumar, learned counsel for the applicant and Sri Kunvar Ritesh Kumar, learned Brief Holder for the State.
Sri Ajay Kumar, Advocate states that he has filed his 'Parcha'
along with the affidavit in the registry on 28th May, 2019. Office is directed to trace it out and place it on record.
Learned counsel for the applicant submitted that applicant is in jail since 17.12.2018 and has no criminal antecedents which fact is not disputed by the learned Brief Holder. It is next submitted that knife injury has been assigned to co-accused whereas applicant has been shown to be armed with lathi/danda. It is also submitted that applicant is 70 years of age and could not have caused the alleged injury. It is also submitted that applicant has been falsely implicated on account of financial dispute between the parties as mentioned in the FIR itself.
Without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant- Ramnivash, be released on bail in Case Crime No.129 of 2018, under Sections 307, 452, 325, 326 IPC, P.S.- Chitrahat, District-Agra, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.5.2019 Ashutosh [Vikram Nath, J.]