Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35198 of 2019 Applicant :- Ramroop Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Roy Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
This instant bail application has been filed on behalf of the applicant Ramroop with a prayer to release him on bail in Case Crime no. 234 of 2019 under sections 304 IPC, Police Station Cantt., District Varanasi during pendency of the trial.
The allegation in the FIR is that the informant's son Rohit Kumar was married with Nagina but their relations were not cordial. The accused persons, namely, Ramroop, Munni, Bachchi, Nagina, Soni and Siti have assaulted the deceased. It is further alleged that he has been informed by his another son Punit on phone that the above accused persons have assaulted Rohit. During treatment on 01.02.2019 at about 10:30 PM, his son Rohit Kumar has died in Sarojini Naidu Hospital.
The submission of the learned counsel for the applicant is that the applicant is father-in-law of the deceased Rohit Kumar and has falsely been implicated in the present case. It is alleged in the FIR that six persons have assaulted the deceased, however, there is only one fatal injury on the person of the deceased and it is not known as to who is the author of this injury. It is further submitted that one co-accused, namely, Gautam Kumar @ Bachchi has already been granted bail by this Court vide order dated 22.4.2019. Lastly, it is submitted that since the relations between husband and wife were not cordial, therefore, all the family members of the wife have been falsely implicated in the present case including the applicant. The applicant is languishing in jail since 28.5.2019. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
On the other hand, learned A.G.A. opposed the prayer for bail of the applicant and submitted that the complicity of the applicant in the crime cannot be ruled out at this stage. However, he could not dispute the arguments as advanced by the learned counsel for the applicants.
Having considered the rival submissions of the learned counsel for the parties, facts and circumstances of the case, without expressing any opinion on the merits of the case, prima facie, in my opinion, a case for grant of bail is made out.
Let the applicant Ramroop involved in Case Crime no. 234 of 2019 under sections 304 IPC, Police Station Cantt., District Varanasi 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:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 27.11.2019 Kirti