Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15908 of 2018 Applicant :- Ravi Pratap Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Naveen Kumar Yadav,Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, on 13.10.2017 at 8 A.M. Daddan left his home but he did not return. On 15.10.2017 police was informed by Gram Pradhan Vipin Singh that dead body of Daddan was found on the side of road. FIR was lodged against unknown person on 17.10.2017. During investigation, statement of co-accused Ravi Pratap Singh was recorded who stated that he alongwith deceased and this applicant Ramakant Pandey consumed wine together; Daddan Pal abused them in drunken position, thus they scuffled and pushed him; he fell on the ground and died on spot.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 15.1.2018(more than three months) having no criminal history; he has been falsely implicated in the present case; there is no recovery at the pointing out of this applicant; there is no legal evidence against him; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.He admitted that the applicant has no criminal history.
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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Ravi Pratap Singh involved in Case Crime No.349 of 2017, under Section 304, 201 IPC, Police Station Paniyara, District Mahrajganj 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 :- 30.4.2018 P.P.