Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23394 of 2019 Applicant :- Ramu Thakur Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava,Sanjay Pathak Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Manoj Kumar Srivastava, learned counsel for the applicant, Sri Mohd. Nafees Ahmad, learned A.G.A. for the State and perused the material available on record.
The instant bail application has been filed on behalf of the applicant Ramu Thakur with a prayer to release him on bail in Case Crime No. 1263 of 2016 under Sections 147, 148, 149, 302, 307, 506 and 120-B IPC and 7 Criminal Law Amendment Act, Police Station-Qwarsi District Aligarh during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is not named in the FIR. As per allegations made by Vishal Sengar, on 19.12.2016 at about 10:25 AM, he along with his brother Jitendra was moving on bridge over charra stand while going to their home. The informant was riding with Yashpal on his motorcycle whereas deceased Jitendra was driving his Scooter and moving just ahead of their motorcycle. When they came down from the bridge and reached in front of DAV College, Aligarh gate, five persons namely Sanket, Nishant and three unknown persons riding on two motorcycle came and surrounded his brother Jitendra and started firing upon him. He could not identify three unknown persons. The name of the applicant came in the light in the statement of co-accused Nishant who states about the involvement of the applicant in the present case. Apart from the aforesaid statement there is nothing on record to show that the applicant is involved in the incident. It is also pointed out that the deceased is having long criminal history. The bail of other accused persons who have been named in the FIR, has already been granted by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 25732 of 2017 by order dated 1.8.2017. The applicant is languishing in jail since 20.3.2017. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. Learned Counsel for the complainant has also pointed out that all the facts has been examined and the trial is about to conclude.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant-Ramu Thakur involved in aforesaid case be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
(3) The applicant shall personally appear once in the first week of every month in the concerned Police Station for the period of two years. In case of any default, the In- charge, Police Station shall forthwith inform the concerned court about this breach.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Office is required to communicate this order to the S.S.P. concerned who is required to convey this order to the concerned police station to ensure compliance of condition no.3 as provided herein before.
The concerned court below which will accept the bail bonds is also directed to convey a photo copy of this order to the concerned police station so that the condition no. 3 provided herein before may be complied with.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
The trial Court is directed to expedite the trial of the present case and conclude the same preferably within a period of three months from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2440, if there is no legal impediment.
Order Date :- 6.6.2019 Mohit Kushwaha