Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24880 of 2021 Applicant :- Ravi Jaiswal Opposite Party :- State of U.P.
Counsel for Applicant :- Kamal Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Exemption application is allowed.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further argued that initially dead body of the deceased was recovered on 21.01.2021, inquest was prepared and post mortem was also conducted. Till that time no complaint was made by the informant or the witnesses against the applicant. FIR was lodged in this matter on 28.01.2021 levelling allegation against the applicant for committing the murder of the deceased. It is also argued that none has seen the incident. Referring to the statement of the witness Mannu Rajbhar it is also argued that he is the witness of the inquest but he has also not disclosed anything at that time regarding involvement of the present applicant. At this juncture, learned counsel appearing for the applicant referred to the statement of the witnesses and further argued that entire prosecution case is based on suspicion/circumstantial evidence. Chain of the circumstantial evidence is not linked with each other to form an irresistible conclusion and evidence available on record are not conclusive in nature. Applicant is in jail since 05.02.2021 having no criminal history. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, complicity of the accused, scrutinizing the facts mentioned in the FIR, statement of witnesses recorded under Section 161 Cr.P.C. 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 Ravi Jaiswal involved in Case Crime No. 17 of 2021, under Sections 302, 201 I.P.C., P.S. Ahirauli Bazar, District Kushi Nagar be released on bail on furnishing a personal bond and two heavy 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 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.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.7.2021 Sachdeva