Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26537 of 2021 Applicant :- Ramvaran @ Shailu Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Kumar Mishra,P.K. Singh Counsel for Opposite Party :- Raghubir Singh,Raghubir Singh
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
None appears on behalf of O.P. No. 2.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 75 of 2020 under Sections 392, 386, 411, 504, 506 I.P.C., registered at P.S.- Jagner, District-Agra.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Applicant has not committed the alleged offence. It is a case of refund of earnest money. Further submitted that co- accused, Devendra Gujar has been granted bail by coordinate Bench of this Court in Crl. Misc. Bail Application No. 24642 of 2020 on 25.01.2021 and applicant has claimed parity with the co-accused who has been granted bail. Applicant has explained criminal history in paragraph 11 of the Affidavit filed in support of Bail Application. Further submitted that the applicant is languishing in jail since 20.03.2021.
Per contra, learned A.G.A. opposed the prayer for bail, however conceded the factum of parity.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Ramvaran @ Shailu involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 22.12.2021 A. Mandhani Digitally signed by ANIL KUMAR OJHA Date: 2022.01.03 10:29:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad