The single judge granted bail to Ramu Parihar, a handicapped person, accused of offences under the IPC and Excise Act, holding it to be a fit case for bail without expressing an opinion on the merits of the charge.
Released on bail on personal bond and two sureties with conditions regarding evidence tampering and witness intimidation.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49128 of 2019
Applicant :- Ramu Parihar Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the first information report. Showing the arrest of the applicant on 2.4.2019 in case crime no. 166 of 2019, the applicant has been falsely implicated in the present case also whereas in case crime no. 166 of 2019, the applicant has already been released on bail by another bench of this court vide order dated 9.9.2019 in Cr. Misc. Bail Application No. 35691 of 2019. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. There is no direct evidence against the applicant. The applicant is a handicapped person. In certificate, the disability of the applicant has been shown 65 %. The applicant has not committed the allege offence. There is no criminal history of the applicant and is in jail since 2.4.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Ramu Parihar involved in Case Crime No. 223 of 2019 under Section 304, 272 IPC and 60-A of Excise Act, Police Station Ghatampur District Kanpur Nagar 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 conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 27.11.2019 Gss
1 issue framed by the court
Whether the applicant, who claims false implication and lack of direct evidence against him, is entitled to bail for offences under Sections 304 and 272 IPC and Section 60-A of the Excise Act.
2 provisions across 2 enactments
Ramu Parihar
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
