Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30916 of 2019 Applicant :- Ramraj Diwana Opposite Party :- State Of U.P.
Counsel for Applicant :- Shailesh Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Sharad Kumar Srivastava, learned counsel for the complainant and the learned A.G.A.
Learned counsel for the complainant has filed counter affidavit today, is taken on record.
This is a bail application on behalf of the applicant Ramraj Diwana in connection with Case Crime No.646 of 2018, under Sections 419, 420, 467, 468, 506 I.P.C., P.S. Bidhnoo, District Kanpur Nagar.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the co-accused Balveer Singh has already been enlarged on bail by this Court by order dated 19.08.2019 passed in Criminal Misc. bail Application No.30969 of 2019 and the case of the applicant is similar to the case of co-accused Balveer Singh, who has already been enlarged on bail. He claims parity. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 22.06.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant and the learned A.G.A. have opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Ramraj Diwana involved in the aforesaid crime be released on bail on 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;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.8.2019 R./