Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8084 of 2019 Applicant :- Ravi Tomar Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Kumar Vishvakarma Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated; that applicant is not named in FIR dated 28.10.2017 lodged by Raj Kumar Agrawal with the averments that two boys on white Apache motorcycle snatched chain from neck of his wife in which attempt his wife fell from motorcycle and sustained grievous head injury resulting in her death; that on 2.11.2017 arrest of one Jaipal @ Karua was made with recovery of Rs.15,000/- and name of applicant has surfaced in confessional statement of Jaipal where he stated that applicant also joined him in the offence of chain snatching and after sale of gold chain he paid a sum of Rs.15,000/- to him, which has been recovered; that upon above statement applicant was apprehended on 15.11.2017, but no recovery is alleged to have been made from applicant; that confessional statement of co-accused is not binding on applicant; that applicant has explained his criminal history in paragraph Nos. 2, 3 & 4 of Supplementary Affidavit; that case of applicant is distinguishable with co- accused Jaipal; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 15.11.2017.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Ravi Tomar be released on bail in Case Crime No. 756 of 2017, under Sections 392, 304, 411, I.P.C., P.S. Malpura, District Agra, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(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.
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 :- 26.2.2019 T. Sinha