Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53766 of 2021 Applicant :- Bhole Ram Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Ajay Kumar Srivastava,Sushil Kumar Pandey,Yagyadhar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that on 05.05.2021, the applicant along with other co-accused person Kamlesh Kumar and Guddu started abusing the informant and assaulted him with lathi and danda and also threatended to kill. Thereafter, the inujured Sarvesh died after six days of the incident on account of the injuries sustained.
It is submitted that the applicant is innocent and he has been falsely implicated in the present case. No specific role has been assigned to the applicant. A cross case bearing Case Crime No. 160/2021 for the same is registered against the informant side on the same day. Neither the incident was pre-planned not pre- meditated but it happened as a result of sudden fight at the spur of the moment. Only general allegation has been made against the accused persons. Co-accused Kamlesh and Guddu have already been granted bail by Co-ordinate Bench of this Court in Crl. Misc. Bail Application Nos. 43200 of 2021 and 42345 of 2021 vide orders dated 26.11.2021 and 26.10.2021 respectively. The role of this applicant is similar to those co-accused persons. The applicant is in jail since 11.05.2021. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Therefore, requested for bail.
On the other hand, learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the fact that co-accused persons have already been granted bail and the case of the applicant is on same footing, without expressing any opinion on the 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 Bhole Ram involved in Case Crime No. 161 of 2021, under Sections 304, 323, 504, 506 I.P.C, P.S. Barkhera, District Pilibhit be released on bail on furnishing 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 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.
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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.12.2021 Madhurima Digitally signed by Justice Subhash Chandra Sharma Date: 2021.12.21 13:20:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad