The single judge granted bail to an accused person charged with affray and murder, directing him to furnish a personal bond and two sureties under standard conditions without expressing an opinion on the merits.
Released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
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Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24586 of 2019
Applicant :- Amar Bahadur Vishwakarma Opposite Party :- State Of U.P. Counsel for Applicant :- Manjul Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No. 599 of 2016, under Sections 147, 148, 302 I.P.C., Police StationSoraon/ C.B.C.I.D., District- Allahabad.
Learned counsel for the applicants submits that applicant is innocent and falsely been implicated in this case. He further submitted that the co-accused Ram Roop Patel, Sita Ram and Jawahar Lal Patel have already been enlarged on bail by another co-ordinate Benches of this Court vide orders dated 06.04.2017, 18.04.2017 and 17.4.2017 passed in Criminal Misc. Bail Application Nos. 11307 of 2017, 12895 of 2017 and 10802 of 2017, respectively. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tempering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has no criminal history. The applicant is in jail since 08.05.2019.
Learned A.G.A has vehemently opposed the prayer for grant of bail but admitted that the role of accused is same of co-accused.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Amar Bahadur Vishwakarma involved in the aforesaid crime 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:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.6.2019 V.S.Singh
1 issue framed by the court
Whether bail is a fit case for the applicant charged under Sections 147, 148, 302 I.P.C.
Amar Bahadur Vishwakarma
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
