This judgment allows a bail application in a case alleging culpable homicide and intentionally insulting. The court relied on a coordinate bench granting bail to a co-accused for a similar role, finding the applicant eligible for release subject to standard conditions.
Applicant Ram Varan to be released on bail upon furnishing a personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 253 of 2019
Applicant :- Ram Varan Opposite Party :- State Of U.P. Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against two accused persons, namely Ramvaran and Guddi Devi alleging that on 14.6.2018 they assaulted Rajkumar, he received one head injury, resultantly died.
It is submitted by learned counsel for the applicant that coaccused namely Guddi Devi has been granted bail by coordinate Bench of this Court vide order dated 31.10.2018 in Criminal Misc. Bail Application No. 41557 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. Statements of Sumit Kumar and Viresh (sons of deceased) were recorded under Section 161 Cr.P.C., they stated that deceased fallen from the bricks, he received head injury and died. There is no intention of knowledge to kill the deceased. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 16.6.2018 (more than six 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 Guddi Devi 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 Ram Varan involved in Case Crime No. 80 of 2018, under Sections 304, 504 IPC, Police Station Amratpur, District Farrukhabad 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 :- 7.1.2019
A. Singh
1 issue framed by the court
Whether the applicant, who is in custody analogous to a co-accused already granted bail, qualifies for release on bail.
2 provisions across 2 enactments
Ram Varan
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
