Allahabad High Court High Court

Ramanuj vs State Of U.P. on 9 July, 2010

Allahabad High Court
Ramanuj vs State Of U.P. on 9 July, 2010
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                                                               RESERVED

       CRIMINAL MISC. BAIL APPLICATION NO. 5024 OF 2010

                                Ramanuj

                                   Vs.

                              State of U.P.

                                  ******

Hon'ble Virendra Singh, J.

(1) This is the second bail application on behalf of the applicant Ramanuj

praying for releasing the applicant on bail in Case Crime No. 10/2009

under Sections 147, 148, 149, 307, 302, 120-B I.P.C, P.S. Ghoorpur,

District Allahabad. The first Bail Application No. 10580/2009

(Ramanuj vs. State of U.P.) was rejected on 11.08.2009, on this case

of prosecution that the accused applicant committed the murder of

Mahendra Kumar, Champa Devi and Seema Devi, thereby instigating

co accused Hemant Kumar, who is the son of accused applicant and

who had fired on Mahendra Kumar. Champa Devi and Seema Devi

since had come to rescue Mahendra Kumar therefore they were also

shot dead by co accused Hemant Kumar.

(2)Heard learned counsel for the applicant and learned AGA on behalf of

the State of U.P.

(3)In the first bail application, it was contended on behalf of accused

applicant that the only role assigned to the accused/applicant is of

exhortation and the accused applicant aforesaid was not armed with

any weapon. It was also contended that exhortation is not so much

material in committing the triple murder by co accused Hemant

Kumar as is the law laid down by this court in the case of Ajay Kumar
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Dubey vs. State of U.P. reported in 2003 (2) ACRR 1367 and by the

Hon’ble Apex Court in the case of Matadeen vs. State of Maharastra

reported in 1999 (1) ACRR (5) and further also in the case of

Dharmendra Chandu Lal Patel vs. State of Gujarat reported in 2001

(43) ACC 294.

(4)In this second bail application, it is contended that accused is in jail

since 24.02.2009. Apart from this ground, there is a civil suit pending

in between the parties and a stay order in that suit was obtained by

the applicant side, therefore, there was no occasion to the accused to

kill the deceased persons. More so, the main role has been assigned

to Hemant Kumar the co-accused who opened the fire and due to

enmity, the entire family members of the applicant’s family have been

falsely implicated by the informant. The main accused Hemant Kumar

was arrested by the I.O. on the same day of the occurrence, while the

accused applicant aforesaid was arrested on the next day of the

occurrence.

(5)It is further submitted that co accused Yashwant and Pramod have

already been enlarged on bail in this case and the role of the

applicant and co-accused Yashwant and Pramod has been same and

therefore the applicant aforesaid is also entitled to be enlarged on bail

on the ground of parity.

(6)It is submitted on behalf of State that parity is no ground to enlarge

bail to the applicant, who is involved in a case of heinous nature of

committing the murder of three persons by the son of the applicant

and the applicant did not make any attempt even to stop his son

Hemant Kumar from killing the remaining two deceased Champa
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Devi and Seema Devi who had come to rescue Mahendra Kumar, on

whom Hemant Kumar had opened fire after instigation of the accused

applicant aforesaid to this extent that accused applicant instigated his

son Hemant for taking the rifle and to shoot Mahendra, his mother

and wife who were present at the spot of occurrence due to some

altercations happening in between Mahendra the deceased and

Yashwant the other co-accused with regard to pelting stone on a

doge by the grandson of the complainant.

(7)In the light of the contentions of both the parties, I have gone through

the facts and circumstances on record. No doubt, co-accused

Pramod is enlarged on bail on 20.11.2009 by brother Judge Hon’ble

Ravindra Singh, J on this submission on behalf of accused Pramod

that the case of the applicant i.e. co accused Pramod is

distinguishable with the case of the co accused Ramanuj, the

accused applicant aforesaid and co accused Yashwant. The co-

accused Yashwant has also been enlarged on bail on 08.02.2010 by

brother Judge Hon’ble Srikant Tripathi, J. on this submission on

behalf of co accused Yashwant that co accused Pramod and Suresh,

who had firearms and had chased the informant thereby firing on him,

have already been enlarged on bail by Hon’ble Ravindra Singh, J.

(8)In the light of the aforesaid submissions made by both the parties for

the facts on record, I am of this view that the case against accused

applicant aforesaid Ramanuj does also rest on the same footing as

had been against the co-accused named Yashwant, therefore I do

find it expedient that the accused applicant aforesaid on bail on the

ground of parity.

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(9) Therefore, this bail application is allowed.

(10) Let the accused-applicant be released on bail in the aforesaid

case on furnishing his personal bond with two sureties, each in the

like amount to the satisfaction of the court concerned, subject to the

following conditions: –

1. That the accused shall attend and abide himself in accordance with
the conditions of the bond executed.

2. That the accused shall not commit an offence similar to the offence
of which he is accused, or suspected, of the commission of which he
is suspected, and

3. That the accused 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 him from disclosing such facts to the
Court or to any police officer or tamper with the evidence.

Dt: 09.07.2010
Jaideep/-