Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15281 of 2018 Applicant :- Sunil Kumar Ram Opposite Party :- State Of U.P.
Counsel for Applicant :- Ran Vijay Singh,Mohd. Ashraf Abbasi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 12.6.2017 against unknown persons alleging that on 9.6.2017 a dead body was found in Block No. 21 Room No. 12, Police Station Shivpur, Varanasi, some unknown persons killed him, subsequently dead body was identified as of Ghanshyam Das. Case was registered for the offence under Sections 302 and 201 IPC. During investigation, accused Dharmendra was arrested by the police, confessed the said offence before the police personnel and stated that due to illicit relation between his sister Rubi and deceased Ghanshyam Das, after marriage of Rubi, deceased was continuously making relation with her, hence he killed Ghanshyam Das with the help of Vipul Kumar Gupta, Vikash Jaiswal, Sunil Kumar Ram and Pradeep Kumar @ Pappu Ram.
It is submitted by learned counsel for the applicant that co- accused namely Pradeep Kumar @ Pappu Ram has been granted bail by co-ordinate Bench of this Court vide order dated 23.2.2018 in Criminal Misc. Bail Application No. 6857 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The role of the applicant was catching hold only. Main role was assigned against co- accused Dharmendra. Applicant was not named in the F.I.R. The name of the applicant was disclosed by co-accused Dharmendra in his confessional statement before the police personnel. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. There is no independent witness against the applicant. Criminal history of the applicant has been properly explained. There is no legal evidence against the applicant except the confessional statement of co-accused Pradeep Kumar @ Pappu Ram before the police personnel. He is languishing in jail since 25.6.2017 ( ten months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that criminal history has been properly explained and the case of present applicant is identical to co-accused Pradeep Kumar @ Pappu Ram who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Sunil Kumar Ram involved in Case Crime No. 369 of 2017, under Sections 302, 201 IPC, Police Station Shivpur, District Varanasi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.4.2018 A. Singh