Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27685 of 2017 Applicant :- Sunil Rai Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Shukla,Pankaj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ashok Kumar Shukla, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 310 of 2015, u/s 147, 148, 149, 323, 324, 308, 302, 504, 506 IPC and 7 Crl. Law Amendment Act, P.S.
Sikandarpur, District Ballia with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that this is the second bail application on behalf of the applicant. The first bail application no. 38157 of 2016 was rejected by Hon'ble Pratyush Kumar, J. by an order dated 5.12.2016. While rejecting the bail application learned counsel has argued that similarly placed co-accused Anand Rai has been granted bail by this Court vide order dated 17.7.2016 and it was further argued that the applicant was assigned role of having tangi but no incised wound was found on the person of both the deceased. However the first bail application was rejected on the ground that the applicant was previous convict and has been convicted u/s 307 IPC for a period of four years. Learned counsel has submitted that after rejection of the bail on the ground that the applicant is previous convict the another co-accused Vinay Rai, who was also convicted and his appeal is pending before this court u/s 307 IPC has been allowed bail in Bail application no. 15821 of 2017 vide order dated 4.12.2017. Learned counsel submits that in the F.I.R. 15 accused were nominated out of them 10 accused were chargesheeted by the police. The other co-accused, who were also assigned same role namely Ashutosh Rai, Anand Rai, Sonu and Ashwini Rai have been granted bail by the coordinate Bench of this Court. Bail granting orders have been produced by counsel for the applicant, which are taken on record.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Sunil Rai involved in the aforesaid case crime number be released on bail on his 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 :- 25.4.2018 Dhirendra/