Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53186 of 2019 Applicant :- Ravindra Kumar Patel @ Suresh Kumar Patel @ Arvind Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Srivastava,Saurabh Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Ravindra Kumar Patel @ Suresh Kumar Patel @ Arvind Kumar, in Case Crime No. 260 of 2019, under Sections- 363, 366 and 306 I.P.C. Police Station-Mirzamurad, District-Varanasi.
Heard Shri I.K. Chaturvedi, Senior Advocate, assisted by Shri Vinod Kumar Srivastava, learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 13.09.2019; he and deceased were under deep love; both of them took poison; both of them were taken to hospital by police; deceased could not be saved, whereas, applicant was saved; no abatement to commit suicide was there, nor there is any evidence of this fact; no evidence of enticing or kidnapping or abduction is there; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail; hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedent and he too had taken poison and was admitted in hospital, from where referred to Trauma Centre, Lucknow and hardly could be saved.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Ravindra Kumar Patel @ Suresh Kumar Patel @ Arvind Kumar, 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.
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 :- 21.12.2021 Deepak/