Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41102 of 2018 Applicant :- Ravi Pratap Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Balram Jee Verma,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
The submission of learned counsel for the applicant is that applicant has been falsely implicated due to ulterior motive. Further submission is that applicant has not committed the alleged offence and there is no independent witness to support the prosecution version. Further submission is that there is contradiction in the statements recorded under section 161 and 164 Cr.PC. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. Further submission is that applicant who is in jail since 17.9.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let the applicant Ravi Pratap Singh be released on bail in Case Crime No. 618 of 2018, under Sections 364 and 323 I.P.C., P.S. Kotwali, district-Basti on furnishing a personal bond and two heavy sureties each (one should be of his family member) in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.10.2018 Faridul