Allahabad High Court
Ramnath vs Central Bureau Of Investigation on 24 February, 2020
Author: Rajul Bhargava
Bench: Rajul Bhargava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7849 of 2020 Applicant :- Ramnath Opposite Party :- Central Bureau Of Investigation Counsel for Applicant :- Ashutosh Gupta,Vandana Gupta Counsel for Opposite Party :- Sanjay Kumar Yadav Hon'ble Rajul Bhargava,J.
Heard Sri Ashutosh Gupta, learned counsel for the applicant, Sri Gyan Prakash, learned senior counsel assisted by Sri Sanjay Kumar, counsel for C.B.I., learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 242 of 2016, u/s 147, 148, 149, 302, 307, 332, 333, 336, 436, 353, 186, 188, 427, 120-B IPC and 7 Criminal Law Amendment Act, P.S. Sadar Bazar, District Mathura with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is not named in the F.I.R. According to prosecution, seven persons were named in the F.I.R. and there were mob of about 2000-2500 people, who had indulged in loot, vandalism, assaulting and firing on the senior police officials. It is stated that the applicant's name cropped up during investigation by the police and thereafter entire case has been transferred to C.B.I. and the same is still going on; he has not been chargesheeted till date. Learned counsel states that except general allegation of taking part in the alleged incident no specific role has been attributed to the applicant. It is stated that other co-accused namely Harinath, Lalaram, Ram Asare, Arjun and Rakesh Babu have been granted bail by coordinate Bench of this Court in Bail Application nos. 7932 of 2019, 43199 of 2017, 15009 of 2017, 13759 of 2017, 16261 of 2017. Bail granting orders have been annexed as annexure-4 to the affidavit.
Learned counsel for C.B.I. has opposed the prayer for bail and submitted that nature of offence is very grievous. However, he could not dispute that the applicant was not named in the F.I.R. and he is amongst the mob of 2000-2500 people.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Ramnath involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 24.2.2020 Dhirendra/