Held that the case is a fit one for bail. The applicant was granted release on bail under personal and surety bonds subject to standard conditions for the offences of culpable homicide and voluntarily causing hurt.
Release of Ramkaran on bail with personal bond and two sureties.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1914 of 2019
Applicant :- Ramkaran Opposite Party :- State Of U.P. Counsel for Applicant :- Vinod Kumar Singh Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Vinod Kumar Singh Kushwaha, learned counsel for the applicant, Smt. Ladlee Pandey, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 28.8.2018 (after five days of incident) against three accused persons, namely Brijesh @ Juttu, Sudarshan and Ramkaran alleging that on 23.8.2018, accused Juttu and deceased Naresh Bind were in drunk condition, they fallen in well. Accused Juttu was saved and Naresh Bind died receiving one head injury.
It is submitted by learned counsel for the applicant that coaccused namely Brijesh Bind @ Jitu has already been granted bail by co-ordinate Bench of this Court vide order dated 1.11.2018 in Criminal Misc. Bail Application No. 41063 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. There was no intention or knowledge to kill the deceased. Incident was done accidentally. F.I.R. was lodged after five days of incident without explaining any delay. After thought, the false story was developed with legal consultation due to previous enmity. There is no independent witness. 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. He is languishing in jail since 30.8.2018 (more than four and half months) having no criminal history 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 applicant has no criminal history and the case of present applicant is identical to coaccused Brijesh Bind @ Jitu 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 applicant Ramkaran involved in Case Crime No. 97 of 2018, under Sections 304, 323 IPC, Police Station Sadiyabad, District Ghazipur 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:
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 :- 16.1.2019 A. Singh
2 issues framed by the court
Whether the applicant, accused of culpable homicide not amounting to murder in an accidental death, is entitled to bail granted on similar principles to a co-accused.
Whether the fixture conditions for release on bail are enforceable in this case.
1 provisions across 1 enactments
Ramkaran
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
