Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48721 of 2018 Applicant :- Ravindra Nai Opposite Party :- State Of U.P.
Counsel for Applicant :- Devendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in case crime no. 134 of 2018, under Sections 304, 504 IPC, P.S. Jariya, District- Hamirpur, is seeking enlargement on bail during the trial.
It is contended by learned counsel for the applicant that in the FIR four persons, namely, Rama Autar, Ram Saran, Indrapal and Revindra have been assigned general role of causing injury to the son of the informant. It is next contended that co-accused Rama Autar, Ram Saran, Indrapal have been granted bail by the co-ordinate Bench of this Court vide orders dated 29.11.2018, 4.12.2018 and 26.10.2018 passed in Criminal Misc. Bail Application Nos. 45671 of 2018, 46230 of 2018 and 40460 of 2018 respectively, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is in jail since 01.08.2018.
Learned AGA could not dispute the aforesaid facts advanced by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Ravindra Nai, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
iii) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 :- 19.12.2018 AK Pandey