Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29159 of 2018 Applicant :- Ranjeet Opposite Party :- State Of U.P. Counsel for Applicant :- Roshan Kumar Singh,Mahendra Ram Maurya Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the applicant was implicated in this case on the first information report registered by Smt. Mithlesh, wife of the deceased, Satish Kumar alleging that her husband was murdered by her son along with his friends, Ranjeet and Shubham. Applicant is one of friends of his son, Ankit. Learned counsel for the applicant has submitted that informant has been examined as PW-I, wherein she has turned hostile and has not supported the prosecution case at all. The another witness PW- II, Dhaniram, who was witness of collection of blood stained earth has turned hostile and has stated that no such sample was taken in his presence and he has signed upon the paper as directed by the police. There is no direct evidence against him. The applicant is in jail since 06.12.2018 On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and 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 the applicant Ranjeet involved in Case Crime No.213 of 2017, under Sections 302, 201, 34 IPC, Police Station Bahasuma, District- Meerut be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 26.8.2019 SS