Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3683 of 2021 Applicant :- Ravi @ Ravinder Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. The applicant is not named in the first informant report. It has been submitted that after about three months of incident, involvement of co-accused Arvind @ Jone was shown on the basis of statement of one Pappu and thereafter, the involvement of applicant was shown on the basis of statement of company manager Amit Kumar but his statement is hearsay. It has been stated that there is no eye-witness of alleged incident. No recovery of any incriminating article has been shown from the possession of applicant. It was submitted that in fact there is no cogent evidence against applicant and that involvement was shown after about three months of incident. It was submitted that from the prosecution version, it is also apparent that cash of deceased found at the spot and thus, it was not a case of robbery. It has been further submitted that similarly placed co- accused Amit has already been enlarged on bail by a co- ordinate Bench of this Court, vide order dated 22.07.2020, passed in Criminal Misc. Bail Application No.-14493 of 2020. The criminal history of one case has been shown against applicant, which has been duly explained in the affidavit. It has been submitted that the applicant is languishing in jail since 27.10.2019 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, however, it has not been disputed that similarly placed co-accused Amit has already been granted bail by this Court.
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 @ Ravinder Sharma involved in Case Crime No.181 of 2019, under Sections 302, 120-B IPC, P.S.Amroha Dehat, District Amroha, 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 them 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 :- 20.9.2021 Neeraj