Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18121 of 2019 Applicant :- Ruchin Opposite Party :- State of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Counter affidavit filed by the opposite party is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case, he has not named in the F.I.R. As per the F.I.R. the Chunni Lal Sharma was shot-dead by some unknown person on 12.11.2014. The name of the applicant is disclosed on the statement of co-accused Vicky Tyagi alias Vikram Tyagi, on 12.02.2015 except this no any credible evidence against the applicant. Co-accused Sonu Chaukara has been released on bail by means of criminal misc. bail application no.25807 of 2015 dated 17.05.2018. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 13.11.2017. He has explained his criminal history in paragraph no.16 of the affidavit.
Learned A.G.A. has vehemently opposed the prayer of bail application submitting that allegations against the applicant are serious in nature, and therefore, bail may not be granted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Ruchin involved in Case Crime No.1043 of 2014 , under Sections- 302, 114, 120B, 34 I.P.C., P.S. Nayi Mandi, District– Muzaffar Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Application is, accordingly, disposed of. Order Date :- 26.11.2019 C. MANI