Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40605 of 2019 Applicant :- Ravi Gaur @ Tiger @ Ravi Bhartiya Opposite Party :- State Of U.P.
Counsel for Applicant :- Nagendra Kumar Mishra,Saurabh Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri J.P. Gupta, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely Ravi Bhartiya @ Tiger, Ajju Pasi, Raju Pasi, Vikas Pate and 2-3 unknown persons alleging that on 14.2.2019 they entered in the house of complainant and assaulted complainant, his wife and his father. Wife of complainant Ratna Prajapati received two injuries on head, resultantly died.
It is submitted by learned counsel for the applicant that co- accused namely Ajju Pasi has been granted bail by this Court vide order dated 23.7.2019 in Criminal Misc. Bail Application No. 29221 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. According to statements of complainant/husband of deceased and father-in- law (sasur) of deceased, main role of assault to deceased on head was assigned to co-accused Raju Pasi. The case of applicant is distinguishable from co-accused Raju Pasi. There are general allegations against all accused persons except Raju Pasi. Incident took place at night, nobody has seen the incident. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 6.6.2019 (more than three and half months) having no criminal history 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 applicant has no criminal history and the case of the applicant is identical to the case of co- accused, who has 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 applicant Ravi Gaur @ Tiger @ Ravi Bhartiya involved in Case Crime No. 156 of 2019, under Sections 147, 452, 302, 307, 506 IPC, Police Station Naini, District Allahabad 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 :- 30.9.2019 OP