Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24098 of 2016 Applicant :- Ramveer @ Shivpal @ Kana Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Dev Raj Singh holding brief of Smt. Sunita Singh Chauhan, for the applicant and Additional Government Advocate for the State.
Ramveer @ Shivpal @ Kana is in jail since 2.5.2010 in Case Crime No.824 of 2009, under Section 396, I.P.C., P.s. Jariya, district Hamirpur.
F.I.R. of the incident was lodged by Ganesh Prasad Soni on 17.7.2009 at 6-30 P.M. The incident was of the night of 16/17.7.2009. In the F.I.R. nobody was named. The name of the applicant came in the light after six months of the incident through statement of coaccused Samay Singh. So far as coaccused Gadla @ Lalla @Rakesh @Ram Singh @ Ramesh and Veeru @ Veerpal have been granted bail. The applicant is also entitled to bail on the ground of parity.
A.G.A. has opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of 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 inasmuch as the applicant has been granted bail in the main case also. The application is allowed.
Let the applicant Ramveer @ Shivpal @ Kana accused in Case Crime No.824 of 2009, under Section 396, I.P.C., P.s. Jariya, district Hamirpur. be enlarged on bail upon 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 the orders of 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 activities.
(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 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 :- 27.4.2018/mt