Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10843 of 2018 Applicant :- Raudas Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Prasad Tewari,Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri R.S. Tripathi, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA for the State.
This is an application for bail on behalf of Raudas in Case Crime No. 450 of 2017, under Section 306 IPC, P.S. Dhanari, District Sambhal.
The submission of the learned counsel for the applicant is that the FIR against the applicant was initially registered under Section 302 IPC but later on after much investigation the same was converted into one under Section 306 IPC; that the submission of the learned counsel for the applicant is that the deceased was an accused in a case of kidnapping of the applicant's daughter where the applicant had reported him to the police; that in course of time the said investigation was transferred to the CBCID and is currently being investigated at the Bareilly Sector of the Agency; that it is submitted that the Sector Officer/Investigating Officer, CBCID, Bareilly had summoned the deceased for the purposes of investigation and the experience of the deceased of that investigation was so terrifying that due to the fear of his arrest by them he committed suicide as mentioned in paragraph 20 of the affidavit; that it is also submitted that even if for the sake of argument it be acknowledged that on account of suspicion action was taken by the applicant against the deceased in the kidnapping matter, the same does not constitute instigation, aid or conspiracy so as to amount to abetment within the meaning of the Section 107 IPC as the applicant has only taken recourse to legal avenues; that the entire evidence collected by the Investigation Officer does not disclose a case of abetment against the applicant, murder being already ruled out by the investigating Agency; that on an identical role Smt. Ramkali, the co-accused and wife of the applicant, has been admitted to the concession of bail by this Court vide order dated 20.03.2018 passed in Criminal Misc. Bail Application No. 10476 of 2018; and, that the applicant is a respectable man with no criminal history who is in jail since 08.12.2017.
Learned AGA has opposed the prayer for bail with the submission that the police after investigation have collected evidence good enough to chargesheet the applicant. Therefore, the applicant is not entitled to bail.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of offence, the severity of the punishment but without expressing any opinion on merits, this Court finds the applicant entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicant Raudas involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
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.
4. 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 default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 29.3.2018 Imroz