Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6687 of 2018 Applicant :- Ramveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Sunil, Bhurey, Bisnoi, Rajeev and Ramveer alleging that on 21.4.2017 at 5 P.M. Sunil and Rajeev shot fire at Santosh and Deokinandan respectively and others also shot fire many rounds.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 30.4.2017(more than nine months) having no previous criminal history; he has been falsely implicated in the present case; there was no independent witness; main role was assigned to co-accused Rajeev who has been enlarged on bail by coordinate Bench of this Court on 2.2.2018 Criminal Misc. Bail Application No.31541 of 2017; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, 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 the 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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Ramveer involved in Case Crime No.116 of 2017, under Section 147, 148, 149, 307 IPC, Police Station Kampil, District Farrukhabad 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 :- 27.2.2018 P.P.