Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21078 of 2018 Applicant :- Ravish Kumar @ Ravi Saha Opposite Party :- State Of U.P.
Counsel for Applicant :- Nisar Uddin,Hira Lal Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Supplementary affidavit filed on behalf of the applicant in the Court today is kept on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
This is the second bail application moved on behalf of the applicant. The first bail application namely Criminal Misc. Bail Application No. 1676 of 2017 was dismissed by me by order dated 07.12.2017 for default.
It is submitted by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case by the father of the deceased who had committed suicide by jumping into a well. There is neither any allegation in the F.I.R. nor any other evidence on record indicating that the applicant had abetted the deceased to commit suicide. Hence, the applicant who has no criminal antecedents to his credit and is in jail since 03.10.2016 is entitled to be enlarged on bail during the pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Ravish Kumar @ Ravi Saha be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 310 of 2016, under Section 306 I.P.C., P.S.- Maduadeeh, District- Varanasi, subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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, the learned counsel for the informant is free to move an application for cancellation of bail before this Court.
However, it is directed that the aforesaid case crime number pending before the concerned court below be decided expeditiously, as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 24.8.2018 KS