Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44826 of 2020 Applicant :- Ramveer Opposite Party :- State of U.P. Counsel for Applicant :- Tufail Hasan Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed in Court today, is taken on record.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 391/2019, under Sections 364, 302, 201, 120-B, 34 IPC, police station Dauki, District Agra with the prayer to enlarge the applicant on bail.
According to prosecution version, on 15.05.2019 brother of first informant has gone to village Chhatariyapura to attend a marriage, but after that he did not return and that on the next day a missing report was lodged. Thereafter, F.I.R. was lodged on 16.10.2019 alleging that first informant has come to know from one Totiram and Vidharam that on 15.05.2019 his brother (deceased) was seen along with applicant and co-accused Neeraj and Indrapal alias Adhar and that wife of deceased, namely, Asha Devi has got committed murdered of her husband by hatching a conspiracy with other accused persons.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. It was submitted that the F.I.R. has been lodged after one month of alleged incident and that no satisfactory explanation for delay in F.I.R. has been given. It was further submitted that there is eye witness of alleged incident and that the statements of said last seen witnesses, namely, Totiram and Vidharam were recorded after one month of incident and thus, their version is not reliable. It was also submitted that alleged recovery of bloodstained clothes has been shown at the instance of co-accused Indrapal alias Adhar and Smt. Asha Devi and that no recovery has been shown from possession of applicant. It was further submitted that main co-accused Indrapal alias Adhar and Asha Devi have already been enlarged on bail by coordinate Benches of this Court, copies of which have been annexed with the application. Learned counsel has submitted that criminal history of some cases has been shown against the applicant but the same has been duly explained in the affidavit accompanying the bail application and that in view of the nature of evidence and facts of the matter, it would not be appropriate to reject the bail application of applicant merely on the basis of criminal history. It has further been argued that the applicant is in judicial custody since 18.11.2019 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Ramveer involved in the aforesaid crime be released on bail on furnishing a personal bond and two local heavy sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 25.10.2021 Anand/SA