Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15391 of 2018 Applicant :- Ramprakash Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submitted that final report was submitted against Ram Prakash Mishra, Mridula Mishra, Rakhi and Monu @ Avinash Trivedi vide order dated 14.08.2015 they were summoned under Section 319 Cr.P.C. by the trial court; the applicant has been falsely implicated in the present case; the co-accused Milan Mishra and Smt. Mridula Mishra have already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 05.12.2017 and 21.12.2017 passed in Criminal Misc. Bail Application No.31333 of 2016 and 50354 of 2017, copy of which has been annexed as Annexure-11 of the bail application; he is the father of the deceased; the role of the applicant is identical to the co- accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 29.03.2018 (near about one month) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused, the role of this accused is identical to the role of the accused who have already been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Ramprakash Mishra involved in the Case Crime No. 166 of 2014 (Session Trial no.438 of 2014), under Sections 302, 304B, 498A I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Qila, District Bareilly be released on bail on his executing a personal bond and furnishing 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.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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. Tripathi