Ram Baran vs State Of U.P.
2013 Latest Caselaw 4683 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21747 of 2013
 

 
Applicant :- Ram Baran
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rajul Bhargava
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Rajul Bhargava, learned counsel for the applicant and Sri R.S. Parihar, learned A.G.A. appearing for the State.

It has been contended by the learned counsel for the applicant that the applicant was not named in the FIR and he was also not arrested from the place of occurrence where the victim was  recovered and the only allegation against the applicant is that he provided food and remained on guarding to the victim with co-accused Raj Kumar and Luxman. The statement of the victim also suggest the said role of the applicant. He further submits that the co-accused Raj Kumar has already been granted bail by this Court vide order dated 17.7.2013 in Crl. Misc. Bail Application No.1727 of 2013 and the case of the applicant stands of identical footing, hence the applicant is also entitled for bail on the ground of parity. He further submits that except the present case, one case under the Gangster Act under Section 307 I.P.C. was also slapped on the  applicant when he was arrested. The applicant is in jail since 19.6.2012.

Learned A.G.A. opposed the prayer for bail.

Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

Let the applicant-Ram Baran involved in Case Crime No.216 of 2012, under Section 364-A/34 I.P.C., Police Station Refinery, District Mathura be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

The case of applicant is distinguishable from the co-accused Dinesh, Chandu, Man Singh, Vinod, Akhtar, Sunil and one Pahad Singh @ Jeetu, driver of the vehicle.

Order Date :- 29.7.2013

NS