Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3527 of 2021 Applicant :- Ravi @ Diwana Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Raj Pandey,Shamsher Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Ravi @ Diwana, in Case Crime No. 401 of 2020, under Sections 452, 302, 506, 34 I.P.C. Police Station-Baraut, District-Baghpat.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 20.07.2020; he was of no criminal antecedent till present implication; subsequently, he has been implicated in other cases; this all was false implication; First Information Report was instantly got lodged against three unknown assailants; two of them has said to be given fire arm shot resulting two fire arm injury over the person of the deceased; it was said that informant was competent to identify them, if they are produced before him, but no identification parade was got conducted; on the basis of confessional statement of co-accused Rohit @ Pushpendra, made before the Police personnels name of applicant was surfaced, but the accusation of giving money for commission of this marriage was said to be against Sudhir and Rajni and Rajni and Sudhir have been enlarged on bail, by coordinate Benches of this Court, in Criminal Misc. Bail Application No. 31660 of 2020 and 39051 of 2020, respectively; the role of giving fire arm shot, in confessional statement was against Sachin and Ravi; Sachin has been enlarged on bail in Criminal Misc. Bail Application No. 1128 of 2021 by the coordinate Bench of this Court, this is the only evidence against the applicant; one more incriminating evidence is the recovery of "Tamancha" but no such "Tamancha" was recovered and it was a planted recovery after getting police custody remand, which was protested at every stage by the applicant; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail; hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant was of no criminal antecedent till implication in the present case.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Ravi @ Diwana, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 28.10.2021 Deepak/