Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19234 of 2021 Applicant :- Ravindra Gaud Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Nand Yadav,Anand Prakash Yadav Counsel for Opposite Party :- G.A.,Ashish Pandey
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Ravindra Gaud, in Case Crime No. 176 of 2020, under Sections-302, 504, 506 I.P.C., Police Station-Ghughali, District- Mahrajganj.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 02.02.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. It was an instant report got lodged against four persons with specific contention of assault made by all those named accused in general; no specific assault was there, but it was there that there had been quarrel with regard to fishing prior to above occurrence and all the witnesses in their statements under Section 161 Cr.P.C. has categorically said that it was Narvdeshwar @ Golu who has assaulted with iron rod over head of deceased ; autopsy examination report reveals that specific injury over head resulting death of deceased; applicant was said to have been given assault by hand and foots though it is an accusation under enmity, but the injury causing death is not for accused-applicant. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard and gone through materials placed on record, it is apparent that applicant has been assigned role of giving assault by hand and fists a single injury found as ante mortem over person of the deceased was assigned to co-accused Narvadeshwar @ Golu.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Ravindra Gaud, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.7.2021 Deepak/