Molahey Ram Gautam Vs. The State Of U.P

Allahabad High Court (Single Judge)

BAIL, 4572 of 2015, Judgment Date: Jun 08, 2015

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

?Court No. - 17 

Case :- BAIL No. - 4572 of 2015 

Applicant :- Molahey Ram Gautam 
Opposite Party :- The State Of U.P 
Counsel for Applicant :- Vijay Kumar Verma 
Counsel for Opposite Party :- Govt. Advocate 

Hon'ble Arvind Kumar Mishra-I,J. 
Heard learned counsel for the applicant and the learned A.G.A. for the State. 
Learned counsel for the applicant contends that in this case, F.I.R. has been lodged in pursuance of order passed on an application moved under Section 156(3) Cr.P.C. He adds that general role has been assigned against all the accused persons and applicant is one of them. He further contends that present F.I.R. is counter blast of previous one (Crime No.338/2004, under Sections 376-D, 506 IPC and 3(1) XII SC/ST Act) lodged by the deponent against Neeraj and others and nothing else. He adds that co-accused Keshari Kumar Upadhyay @ Keshari has already been granted bail by this Court vide order dated 29.5.2015 in Bail No. 4345 of 2015, Keshari Kumar Upadhyay @ Keshari Vs. State of U.P. He adds that case of the applicant is at par with co-accused Keshari Kumar Upadhyay @ Keshari. The applicant is in jail since 20.2.2015. There is no previous criminal history against the applicant. 
The learned A.G.A. has vehemently opposed the prayer. 
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed. 
Let the applicant-Molahey Ram Gautam involved in Crime No.2353 of 2014, under Section 376 D I.P.C., Police Station Ram Gaon, district Bahraich be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: 
(1) The applicant will not tamper with the evidence during the trial. 
(2) The applicant will not pressurize / intimidate the prosecution witness. 
(3) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. 
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail. 
� 
Order Date :- 8.6.2015