Criminal Misc. Bail Application for Ram Newas connected to cheating and criminal conspiracy charges. The court granted bail citing parity with co-accused and lack of independent witness evidence against the applicant.
Applicant released on bail by executing a personal bond and furnishing two sureties.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11118 of 2022
Applicant :- Ram Newas Opposite Party :- State Of U.P. Through Secretary Home Counsel for Applicant :- Manish Gupta,Babhru Vahan Singh,Vinay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
This is a bail application on behalf of the applicant Ram Newas in connection with Case Crime No. 125 of 2015, under Sections 419, 420, 467, 471, 409, 120B of IPC, Police Station-Sikariganj district-Gorakhpur.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. Learned counsel for the applicant submits that the present accused offence only guarantor of the loan and he has not received any illegal gain. Learned counsel for the applicant submits that the applicant his name surfaced during the the confessional statement and no any independent witness against the applicant. Learned counsel for the applicant submit that co-accused Ramnath, Ramashankar Mishra, Kalika Prasad Singh and Jaik Prakash Yadav have already been enlarged on bail by another co-ordinate Benches of this court, vide orders dated 03.06.2022, 11.05.2022, 24.05.2022 and 07.04.2022, passed in Criminal Misc. Bail Application No. 14948 of 2022, Criminal Misc. Bail Application No. 8543 of 2022, Criminal Misc. Bail Application No. 8647 of 2022, Criminal Misc. Bail Application No. 14188 of 2022. He further submits that the role assigned to the applicant is similar to the role assigned to other co-accused, who have already been enlarged on bail. He further submits that on the ground of parity the applicants is entitled to bail. He submitted that the applicant is languishing in jail since 15.12.2021 and in case of being released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the ground of bail parity of applicant with coaccused.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, considering the grant of bail parity the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2, and also the fact that the co-accused Aftab has been admitted the concession of bail by this Court but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Ram Newas involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii)The applicant shall not threaten or harass the prosecution witnesses;
iii)The applicant shall appear on the date fixed by the trial court;
iv)The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v)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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 11.7.2022 Neetu
Digitally signed by NEETU SINGH Date: 2022.07.16 13:59:53 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant on grounds of parity with co-accused.
Whether the applicant is entitled to bail considering the gravity of the offence and lack of independent evidence.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersReferred¶9
Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 · Who else cites this
Ram Newas
Ajit Singh
As recorded by the court registry
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