Heard Sri Lakshman Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in this case. The applicant was not named in the first informant report and his name surfaced on the confessional statements of co-accused Jitendra @ Jeetu and Vikram Ahirwar. The case of the applicant is at par with the co-accused Ravindra Khatik, who has been granted bail by coordinate Bench of this Court, vide order dated 18.9.2019, passed in Criminal Misc. Bail Application No.36870 of 2019 (copy of bail order has been produced today, which is taken on record). It is submitted by learned counsel for the applicant that the applicant is also entitled for bail on the ground of parity. Applicant has no criminal history. It is further submitted that there is no chance of him fleeing away from the judicial process or tampering with the prosecution evidence. The applicant in jail since 3.08.2019 and if released on bail, will not misuse the liberty of bail.
On the other hand, learned AGA for the State vehemently opposed the prayer of bail but could not dispute the aforesaid facts.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant- Ramu Srivastava @ Vikas Srivastava be released on bail in Case Crime No.25 of 2019, under Section 307 I.P.C., Police Station-Kadaura, District Jalaun on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 23.2.2021 Neeraj