This bail application was allowed. The applicant, accused in a murder case under sections 147, 148, 149, 302, 504, and 506 IPC, was granted bail by invoking inherent powers without expressing an opinion on merits.
Released on bail on personal bond and two sureties subject to conditions not to tamper with evidence, pressurize witnesses, and to appear as fixed.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8531 of 2020
Applicant :- Ramroop Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sheetala Prasad Pandey Counsel for Opposite Party :- G.A.,Ram Sakal Yadav
Hon'ble Rajul Bhargava,J.
Heard Sri Sheetala Prasad Pandey, learned counsel for the applicant, Sri Ram Sakal Yadav, learned counsel for the informant as well as the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicantRamroop Yadav in Case Crime No. 119 of 2019, under Sections 147, 148, 149, 302, 504 and 506 I.P.C., Police StationDumariyaganj, District- Siddharth Nagar with the prayer to enlarge him on bail.
As per prosecution story, a first information was lodged against three persons namely Mahesh Yadav, Ramroop Yadav and Gogai Yadav (present applicant). It was alleged therein that on 22.6.2019 at about 8:30 am younger brother of the informant Phool Chandra Yadav had gone to attend the call of nature in a grove where the accused persons committed his murder. The incident was witnessed by Kanhaiya Lal Yadav and Rohit.
Learned counsel for the applicant argued that in the statements of the witnesses recorded under Section 161 Cr.P.C. Ram Pratap Yadav, Annexure-3, Kanhaiya Lal Yadav and Rohit Yadav, Annexure-4 to the affidavit general role has been assigned to the applicant is of taking the deceased along with two other coaccused persons. He further argued that the role of assaulting the deceased with knife and hasia has been assigned to coaccused Mahesh Yadav and Pappu Yadav, respectively and the role of the applicant is distinguishable from that of co-accused who have been assigned specific role of assaulting the deceased. There is no early prospect of conclusion of trial. It is also pointed out that co-accused, Bhagwan Das Verma, Bharat Ram and Ram Swaroop Yadav and Gogai have been granted bail by this Court as well as by the coordinate Benches of this Court in Criminal Misc. Bail Application Nos. 43919 of 2019, 53953 of 2019 and 4852 of 2020 vide orders dated 22.10.2019, 5.12.2019 and 6.02.2019. So, the applicant, who is in jail since 27.6.2019, having no criminal history to his credit, also
deserves to be released on bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant but they could not dispute the aforesaid submissions made by learned counsel for the applicant.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Ramroop Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1.The applicant shall not tamper with the prosecution evidence;
2.The applicant shall not pressurize the prosecution witnesses;
3.The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 27.2.2020 MN/-
1 issue framed by the court
Whether the applicant entitled to be released on bail in murder case accused of playing distinguishable role.
Ramroop Yadav
Rajul Bhargava
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
