Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39168 of 2019 Applicant :- Ran Vijay @ Golu Opposite Party :- State Of U.P.
Counsel for Applicant :- Hanuman Deen Verma,Amit Kumar Srivastava,Ashish Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri P.K. Rai, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown alleging that Sumit Chaudhary was missing from 30.9.2017 and he was not recovered till today. During investigation, names of six persons including the applicant were surfaced and it was found that there was illicit relation between Sumit Chaudhary and one Anuradha and both were missing since long.
It is submitted by learned counsel for the applicant that applicant is servant of Balram Chaudhary (father of Anuradha). Co-accused namely Balram Chaudhary, Prem Chaudhary @ Moni, Ajay Alias Patali, Smt. Meera and Urmila have already been granted bail by co-ordinate Bench of this Court vide orders dated 25.10.2018, 19.9.2019 and 15.11.2018 in Criminal Misc. Bail Application Nos. 37621 of 2018, 23630 of 2018, 20776 of 2018 and 11452 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is no possibility to get this case decided in short period in future due to heavy workload in trial court. 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 27.10.2017 (more than one and eleven months) criminal history of one case has been properly explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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 criminal history has been explained and the case of present applicant is identical to co-accused Balram Chaudhary, Prem Chaudhary @ Moni, Ajay Alias Patali, Smt. Meera and Urmilawho has been enlarged on bail.
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 Ran Vijay @ Golu involved in Case Crime No. 3499 of 2017, under Sections 302, 201, 149, 120-B, 34 IPC, Police Station Kotwali, District Basti 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 :- 30.9.2019 A. Singh