Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16258 of 2019 Applicant :- Sampatti Ram Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Swaroop,Devendra Kumar,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to some ulterior motive. He further submitted that the applicant is 65 years old aged person and a practising Advocate at Tehsil Court Kerakat. Learned counsel for the applicant further submitted that only one single injury on a vital part of the deceased except this no other injury in the body of the deceased and no weapon of assault has been recovered from the possession of the applicant. It is also submitted that at the time of alleged evidence i.e. on 16.1.2019 at 1:00 p.m., the applicant was present in Tehsil Court, Kerakat, he was busy in performing his judicial work and there is no specific role assigned to him. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, applicant has no previous criminal history and he is in jail since 16.1.2019.
Learned A.G.A. opposed the prayer for bail.
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, namely, Sampatti Ram Gupta involved in Case Crime No. 11 of 2019, under Sections 302 IPC, Police Station Chandawak, District-Jaunpur, 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 pressurize/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.
Order Date :- 29.11.2019 Ankita