Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8393 of 2019 Applicant :- Ratnesh Mishra @ Banarasi Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Lochan Shukla,Narendra Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three named accused persons, namely, Ajay Mishra, Chhaya Mishra, Akhilesh Pandey and two unknown persons alleging that on 16.3.2018 they assaulted Amit Mishr by shot fire. He received three gun shot injuries and died. Later on, during investigation, the name of Brijesh Yadav, Amit Ranjan, Pankaj Tiwari, Hridesh Tiwari and Amresh Yadav was disclosed and one country made pistol was recovered from the possession of Amresh Yadav after about three months of the incident in the statement of Narendra Mishra.
Learned counsel for the applicant submitted that co-accused Ratnesh Mishra @ Banarasi Mishra, Amit Ranjan @ Monu Mishra, Pankaj Tiwari, Brijesh Yadav and Ajay Mishra have been enlarged on bail by co-ordinate Bench of this Court vide orders dated 17.11.2018, 4.6.2018, 19.7.2018, 31.7.2018 and 18.8.2018 in Criminal Misc. Bail Application Nos. 20928/2018, 26674/2018, 28232/2018 and 31134 of 2018 and the case of the applicant is identical to the case of co-accused who have already been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity. The applicant is languishing in jail since 2.1.2019 (more than one and half months) having no criminal history; the applicant is innocent and has been falsely implicated in the present case; no recovery was made on the pointing out of the applicant; the name of the applicant was disclosed after thought and with due legal consultation due to previous enmity. There is no independent witness against the applicant. There is no eye witness account 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 the applicant has no criminal history and also admitted that the case of the applicant is identical to the case of co-accused-Ratnesh Mishra @ Banarasi Mishra, Amit Ranjan @ Monu Mishra, Pankaj Tiwari, Brijesh Yadav and Ajay Mishra, who have already 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 the applicant Ratnesh Mishra @ Banarasi involved in Case Crime No. 222 of 2018, under Section 302, 120-B IPC, Police Station-Kotwali, District-Deoria 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 :- 26.2.2019 OP