Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38710 of 2018 Applicant :- Ranjeet Alias Jonhae Giri Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajnish Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Rajnish Shukla, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Ranjeet Alias Jonhae Giri in Case Crime No. 738 of 2017, under Sections 302 & 201 I.P.C., Police Station- Sahjanwa, District- Gorakhpur with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The applicant is not named in the first information report. During investigation, co-accused Virendra @ Vijendra was arrested by the police on the basis of call details report between him and deceased and he was made an accused. On his arrest, he is stated to have confessed his guilt and stated that the applicant was also involved in the crime. Later on, the applicant was also arrested and he also made confessional statement before the police. It is argued that according to prosecution, the deceased had illicit relations with co-accused Virendra @ Vijendra who is the main accused and against whom call details report and other evidence has been collected. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 28.11.2017, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Ranjeet Alias Jonhae Giri be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.10.2018 Vikas