Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48332 of 2018 Applicant :- Ramswaroop Rana @ Pappu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned A.G.A. for the State and perused the record.
Applicant- Ramswaroop Rana @ Pappu seeks bail in Case Crime No. 487 of 2018, under Sections 34,120B, 307 I.P.C., P.S. Ujhani, District- Budaun.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that even according to the prosecution own case the applicant is said to have opened fire on the victim Shayam Lal due to which he suffered injuries on his buttock and below iliac crest, which were advised for X-ray. However from the perusal of X-ray report it is evident that no internal damage has been caused to the victim and both the injuries are said to be simple in nature.
Learned counsel for the applicant has next submitted that the applicant is in jail since 29.8.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Learned A.G.A. has vehemently opposed the prayer for bail, but could not dispute the aforesaid facts and that the applicant is in jail since 29.8.2018 and the fact that as per the X-ray report injuries caused to the victim are not dangerous to life.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Ramswaroop Rana @ Pappu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 18.12.2018 Md Faisal