The Hon'ble Court granted bail to the applicant Ram Narayan Shringa, falsely implicated in cases involving attempted murder and affray, subject to standard surety conditions.
Release on bail in Case Crime No.72 of 2017 by furnishing a personal bond and two sureties in the like amount.
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Court No. - 40
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17827 of 2019
Applicant :- Ram Narayan Shringa Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Shri Salem Ahmad, holding brief of Shri Manoj Kumar, learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant has been falsely implicated; that as per averments made in the First Information Report lodged on 24.1.2017 the police party arrested applicant; at the time when he was allegedly selling unauthorised liquor and also recovery was made from the applicant and on his calling, his associates allegedly made attempt on the life of police personnel and got applicant rescued; that entire prosecution story is absolutely false and incorrect; that neither the applicant was apprehended with liquor on 24.1.2017 nor he was rescued by co-accused persons; that applicant did not make any attempt on the life of any police personnel nor is alleged to have caused injury to any of the police personnel; that co-accused Smt. Kharpati Devi,Phool Chand Dhadhi, Shivdhar and Shrawan Kumar have been granted bail by co-ordinate Bench of this Court vide orders dated 28.2.2017, 10.4.2017, 10.4.2017 & 4.7.2017 passed in Criminal Misc. Bail Application Nos.7252/17, 11989/17, 12184/17 and 23575/1, copies of which have been filed at Annexure No. 7 to 10) that applicant has explained is criminal history in para 25 of the affidavit filed in support of the affidavit filed in support of the bail application; that the applicant undertakes that the applicant will not misuse the
liberty of bail; that the applicant is in custody since 25.12.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment; grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Ram Narayan Shringa be released on bail in Case Crime No.72 of 2017 , under Sections 147, 148, 149, 307, 323, 504, 506, 332, 336, 353, I.P.C. and section 7 Criminal Law (Second Amendment) Act, 1983 PS. Sahjanwa, District Gorakhpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 1.5.2019
Rk
1 issue framed by the court
Whether the applicant is a fit case for bail considering the severity of charges and complicity of co-accused.
10 provisions across 2 enactments
Ram Narayan Shringa
State Of U.P.
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
