Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2740 of 2019 Applicant :- Ramu Opposite Party :- State Of U.P.
Counsel for Applicant :- Piyush Shukla,Pratyush Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Vakalatnama filed today by Sri Prakash Veer Tripathi, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri Pankaj Rai, brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 10.10.2018 (after one month and nine days) against the applicant alleging that on 1.9.2018, he assaulted Balendra, he received injuries on his stomach, resultantly died.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. According to prosecution case, incident 1.9.2018 and he admitted in the hospital on 14.9.2018 and operation was conducted due to excess blooding, he died. After thought, the false story was developed with legal consultation due to previous enmity. No medical examination was conducted before the operation. There is no recovery from the possession/pointing out of applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 23.10.2018 (near about three months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Ramu involved in Case Crime No. 577 of 2018, under Sections 323, 304 IPC, Police Station Ghanghata, District Sant Kabir Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.1.2019 A. Singh