Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20982 of 2021 Applicant :- Ramu @ Ram Gopal Opposite Party :- State of U.P. Counsel for Applicant :- Brij Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, applicant-Ramu alias Ram Gopal, who is involved in Case Crime No. 183 of 2020, under sections 60, 60-A, 63 of Excise Act, section 272, 304, 420, 468, 471, 120-B IPC, police station Khairgarh, district Firozabad, seeks enlargement on bail during the pendency of trial.
It is submitted by the learned counsel for the applicant that first information report dated 22.11.2020 has been lodged against three named accused persons, namely, Vyapari, Shyamveer and Ghasiram, but during investigation complicity of eight other accused persons, namely, Lav alias Malik, Mahesh alias Batta alias Pappu, Kanhaiya, Hridesh Yadav alias Sushil, Ram Avtar, Sukhveer, Awdhesh and Ramu alias Ram Gopal (applicant) came into light and charge has been submitted against eleven accused persons. It is further submitted by the learned counsel for the applicant that the applicant is not named in the first information report and his complicity came into light during investigation. It is next submitted by the learned counsel for the applicant that identically situated co-accused persons, namely, Ghasiram, Mahesh @ Batta @ Pappu, Kanahiya, Hridesh Yadav @ Sushil, Sukhveer, Ram Avtar, have already been granted bail by co-ordinate Bench of this Court vide orders dated 09.02.2021, 16.06.2021, 18.06.2021, 15.07.2021, 11.08.2021, 14.07.2021 in Criminal Misc. Bail Application Nos. 6627 of 2021, 12857 of 2021, 14191 of 2021, 16148 of 2021, 19930 of 2021, 24582 of 2021, respectively. It is pointed out by learned counsel for the applicant that prior to registration of FIR of this case, the applicant was not having any criminal history, but subsequently he has been implicated in one case being Case Crime No. 173 of 2021 under U.P. Gangster and Anti-Social Activities (Prevention) Act. It is also submitted that the applicant is facing detention since 22.11.2020. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant, but does not dispute that identically situated co-accused have already been granted bail by co-ordinate Bench of this Court as mentioned above.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, considering the fact that the applicant is not named in the FIR and other co-accused under similar accusation have already been granted bail by co-ordinate Bench of this Court as mentioned above, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Ramu alias Ram Gopal, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(1) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(3) That after his release, the applicant shall not involve in any criminal activity.
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, the court concerned will be at liberty to cancel the bail and send the applicant to prison. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 6.10.2021 Sazia