Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40251 of 2021 Applicant :- Ravi Shankar Rai And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Shailendra Kumar Rai,Anil Kumar Dubey Counsel for Opposite Party :- G.A.,Santosh Kumar Rai
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned counsel for first informant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 132 of 2021 under Sections 147, 323, 504, 506, 427, 452, 304 IPC police station Zamania, District Ghazipur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicants that the accused-applicants are innocent and they have been falsely implicated in this case. The FIR was lodged against six accused persons including applicants and that general role of assaulting deceased and injured persons has been assigned to all the accused persons including applicant. No specific weapon has been assigned to applicant. Learned counsel for applicants has referred the statement of injured persons and submitted that only general allegations have been made that all accused persons have assaulted deceased and injured persons with lathi and danda. In initial medical examination of deceased Ramji Lal, only three injures were shown on his body and no injury was shown at vital part. All injured persons have sustained simple injures. It has also been stated that alleged incident took place on 24.04.2021 but FIR has been lodged after two days on 26.04.2021 and the delay in lodging FIR has not been explained. There is no specific evidence that which of the accused is author of fatal injures caused to the deceased.
Learned counsel further submitted that similarly placed co- accused persons namely Raas Bihari Rai, Vivek Rai and Abhishek Rai @ Aman Rai @ Rinku Rai have already been granted bail by co-ordinate Bench of this Court vide order dated 18.08.2021 passed in Criminal Misc. Bail Application No. 28179 of 2021. It was submitted that criminal history of four cases was shown against applicants and the same has been duly explained in supplementary affidavit. It has further been argued that the applicants are in judicial custody since 01.09.2021, having no criminal history and in case, applicants are enlarged on bail, the applicants will not misuse the liberty of bail.
Learned A.G.A. and the learned counsel for first informant have opposed the prayer for bail and argued that in the alleged incident one person has died and three persons have sustained injuries. However, it could not be disputed that similarly placed co-accused persons have already been granted bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Ravi Shankar Rai and Vikas Rai involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence during trial.
2. The applicants will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicants in accordance with law.
Order Date :- 17.12.2021 Deepak