Bail application allowed for two accused named Ramesh Prajapati and Rajeev charged under Section 302 IPC in a murder case. Court granted bail subject to standard conditions and bond execution.
Applicants Ramesh Prajapati and Rajeev released on bail upon executing personal bond and furnishing two sureties each.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17719 of 2018
Applicant :- Ramesh Prajapati And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Sachin Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against four named persons, namely Nanka, Ramesh Prajapati, Banti and Rajeev alleging that on 14.9.2017 Ankit (deceased) was last seen with six accused and according to the post mortem report one incised wound was found on the neck of the deceased, resultantly died and knife used in the incident was recovered on the pointing out of Banti.
Learned counsel for the applicants submitted that the applicants have been falsely implicated in the present case; there is no independent witness against the applicants; specific role has been assigned against the accused Banti and recovery was also made on his pointing out; the applicants have been made accused on the basis of suspicion only; there is no eye-witness account against the applicants; only one injury was found on the body of the deceased; in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial; they are languishing in jail since 11.12.2017 (more than five months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against these accused.
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 applicants Ramesh Prajapati and Rajeev involved in the Case Crime No.647 of 2017, under Section 302 I.P.C., P.S. Bahjoi, District Sambhal, be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court. iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission, of which applicants are suspected.
v) The applicants shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicants 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 :- 14.5.2018 shiv
2 issues framed by the court
Whether the applicants are eligible for bail in a murder case where they were falsely implicated.
Whether the period of custody and nature of allegations warrant granting bail with bonds and sureties.
Ramesh Prajapati
Rajeev
State Of U.P.
Aniruddha Singh
As recorded by the court registry
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