Court No. - 50 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2783 of 2008 Petitioner :- Bhagwan Ram Respondent :- State Of U.P. Petitioner Counsel :- V.M. Srivastava,Akhilesh Kumar Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastav,J.
Heard learned counsel for the applicant and learned A.G.A. for the
State.
This is third bail application on behalf of the applicant.
The submission is that co-accused Jai Prakash has been allowed
bail by this Court on 9.12.2009 in Criminal Misc. IInd Bail
Application No. 19718 of 2006. A report was called for from the
Sessions Judge and after receipt of the aforesaid report, it
transpires that effort for reconstruction of the record has not yet
been completed. Defence is yet to produce its evidence. Accused
have also not been examined so far. Prosecution witnesses of fact
have already been examined and in the circumstances bail was
allowed after imposing conditions. The case of the present
applicant stands on the same footing and he is entitled for bail on
the ground of parity.
Learned A.G.A. has not been able to point out that there is
dissimilarity between co-accused and present applicant.
Taking into consideration the facts and circumstances of the case,
without giving any opinion on merits and on the ground of parity,
third bail application is allowed subject to an undertaking filed by
applicant before the Chief Judicial Magistrate concerned with an
unequivocal assertion that he will fulfill following conditions:-
(i) The applicant shall not tamper with evidence or intimidate the
witnesses.
(ii) The applicant will appear before the court concerned on the
dates fixed during the trial.
(iii) The applicant shall co-operate in the trial pending before the
Sessions Judge concerned. He shall not seek undue adjournment
on the dates fixed.
(iv) The applicant shall handover entire record available with him
such as copy of statements and other documents etc. to learned
Sessions Judge within a period of 15 days from the date of release
so that reconstruction of file may be expedited.
In the event, he is found to flout any of the above undertakings,
this liberty shall automatically stand cancelled.
Let the applicant Bhagwan Ram son of Sri Ram Ji, involved in
case crime No. 22 of 2006, under Section 302 I.P.C. and Section
3(2)(5) SC/ST Act, Police Station Sayyad Raza, District
Chandauli, be released on bail on his executing a personal bond of
Rs. 50,000/- (Rupees fifty thousand) and furnishing two sureties
each in the like amount to the satisfaction of the court concerned.
Learned Sessions Judge is directed to ensure that trial is completed
as soon as possible only because bail is granted to applicant, this
does not mean that trial will take its own time.
Order Date :- 28.1.2010
Rmk.
