Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52552 of 2019 Applicant :- Ramu Parihar Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the first information report. His name came into light during investigation. The applicant has not committed the alleged offence and has been falsely implicated in this case. There is no direct or indirect evidence against the applicant to connect him with the alleged offence. It has been further submitted that showing the arrest of the applicant in case crime no. 166 of 2019, the applicant has been falsely implicated in six other cases including the present case. The co accused Yogendra Kushwaha having identical role has already been released on bail by another bench of this court vide order dated 16.11.2019 in Cr. Misc. Bail Application No. 49674 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 2.4.2019.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co accused Yogendra Kushwaha having identical role has already been released on bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Ramu Parihar involved in Case Crime No.214 of 2019, under Section 304 IPC and section 60-A of Excise Act, Police Station Ghatampur District Kanpur Dehat 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 he will cooperate 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 :- 28.11.2019 Gss