Ravi vs State Of U.P.
2016 Latest Caselaw 1527 ALL

Citation : 2016 Latest Caselaw 1527 ALL
Judgement Date : 19 April, 2016

Allahabad High Court

Ravi vs State Of U.P. on 19 April, 2016

Bench: Vipin Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12151 of 2016
 

 
Applicant :- Ravi
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rajeev Chaddha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vipin Sinha,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present bail application has been filed by the applicant in case crime No. 0244 of 2015, under Sections 147, 148, 149, 307, 324, 352, 504, 506 IPC, police station Kotwali, District Gorakhpur with the prayer to enlarge him on bail.

I have perused the prosecution story as set up in the FIR and also the bail rejection order.

The contention as raised at the Bar by learned counsel for the applicant is that though the accused-applicant has been named in the FIR, however, no role has been assigned to him. It is further contended that even if the prosecution story is believed to be true, the only role has been assigned to the applicant is that of exhortation. It is also contended that co-accused Surendra has already been enlarged on bail by another Bench of this Court vide order dated 25.2.16, copy of which has been annexed with the bail application. It is next contended that the applicant has no previous criminal history. It is lastly contended that the applicant is in jail since 22.12.15 and in case he is enlarged on bail, he will not misuse the liberty of bail.

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

It is apparent that it would not be possible to conclude the trial in near future and in the opinion of this Court, it would not be appropriate to keep the applicant in jail till the conclusion of the trial.

Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.

The prayer for bail is granted. The application is allowed.

Let the applicant Ravi involved in the aforesaid crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.

Order Date :- 19.4.2016

Anand