Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40421 of 2019 Applicant :- Ramu Opposite Party :- State Of U.P.
Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Urge made on behalf of the applicant is confined to the ambit that the applicant is innocent and has been falsely implicated in this case. There are cross cases against both the sides. There is no specific role assigned to the applicant in causing injury to the deceased. The applicant has no role to play in the commission of the offence. Co- accused Sunil, Satwant, Ram Vilas and Ram Awadh have been assigned role of causing injury to the deceased in the alleged incident. The case of the present applicant is distinguishable from the aforesaid co-accused. Both sides sustained injury in the incident. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 11.07.2019.
Learned A.G.A. have opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Ramu involved in Case Crime No.133 of 2019, under Sections 147, 304, 323, 504, 506 I.P.C., Police Station Chiraiyakot, District Mau be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
It is made clear that advantage of this bail order shall not be given to the co-accused Sunil, Satwant, Ram Vilas and Ram Awadh who have been assigned specific role of causing injury to the deceased.
Order Date :- 27.9.2019 rkg