Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30719 of 2021 Applicant :- Ravi Prakash Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.,Neeraj Singh
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that first information report was lodged against 11 named persons and one unknown person and that except accused Ratnakar, only general role has been assigned to other accused persons including applicant. It has been submitted that role of firing on deceased has been attributed to co-accused Ratnakar and that no specific role has been assigned to applicant. The matter relates about dispute over voting in panchyat election. Learned counsel has referred statement of injured persons and submitted that all the witnesses have assigned common role to applicant and co- accused persons except accused Ratankar. It was further submitted that similarly placed co-accused Jagat Narain Upadhyay, Sumit and Ramapati Upadhyay have been granted bail by coordinate Benches of this Court vide order dated 06.09.2021, in Criminal Misc. Bail Application No. 29744 of 2021, 29752 of 2021 and 29754 of 2021 respectively. It has further been submitted that applicant is languishing in jail since 10.05.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that applicant was involved in the incident. However it has not been disputed that similarly placed co-accused persons have already been granted bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Prakash involved in Case Crime No. 56 of 2021, under Sections 147, 148, 307, 308, 302, 323, 504, 506, 188, 269 IPC and 3 of Epidemic Disease Act and 7 Criminal Law Amendment Act, P.S. Maharajganj, District Jaunpur, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 her 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 22.9.2021 Ujjawal