Ramjeet vs State Of U.P

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

Submission of learned counsel for the applicant is that making general allegation of assault against seven persons, including the applicant have been roped in the offence. Further submission is that in the FIR, no role of assault has been assigned to applicant, the said role has been assigned to co-accused Sujeet, Vikas, Amit Kumar, Kishan Saroj who have been granted bail. Further submission is that the case of applicant being at a better footing from those who have been granted bail, he is also entitled to bail on parity. The last submission is that nothing incriminating article has been recovered either from the possession or on the pointing out of the applicant. Applicant is languishing in jail since 26.6.2016 and he undertakes that he will not misuse the liberty.

Learned A.G.A. has vehemently opposed the prayer without disputing that co-accused being assigned the role of assault have been granted bail.

Having heard the submissions of learned counsel of both sides, considering the facts and circumstances of the case and without expressing any view on merit of the case, I find it a case of bail.

Let applicant Ramjeet be released on bail in Case Crime No.477 of 2016, under Sections 147, 148, 323, 506, 336, 302, 120-B I.P.C. and 7 Criminal Amendment Act, P.S. Badalpur, District Jaunpur, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.