Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32575 of 2021 Applicant :- Bahadur Lal Opposite Party :- State of U.P.
Counsel for Applicant :- Kunwar Tejandra Bahadur Counsel for Opposite Party :- G.A.,Kiran Bala
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant and learned A.G.A. for the State..
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. The FIR was lodged against applicant and four co-accused persons, namely, Mukesh, Raja, Sukku and Rajkumari attributing general allegations to all the accused persons. No specific role has been assigned to applicant and all the injured persons have sustained simple injuries. It was submitted that there is no specific evidence that which of the accused is author of the fatal injuries sustained by the deceased. It has been further submitted that similarly placed co-accused Mukesh Kumar and Raja have already been enlarged on bail by different Benches of this Court, vide orders dated 08.02.2021 and 30.06.2021, passed in Criminal Misc. Bail Application Nos.- 5260 of 2021 and 18768 of 2021 respectively. It has been submitted that the applicant is languishing in jail since 12.11.2019 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail. Learned counsel for the first informant has submitted that applicant is main accused and that in the incident as many as five persons have sustained injuries. However, it has not been disputed that similarly placed co-accused Mukesh Kumar and Raja have already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Bahadur Lal involved in Case Crime No. 0424 of 2019, under Sections 147, 323, 304, 504 and 506 IPC, P.S.Koraon, District Allahabad/ Prayagraj, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 30.9.2021 Neeraj