Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8763 of 2021 Applicant :- Chandan Saroj @ Deepak Opposite Party :- State of U.P.
Counsel for Applicant :- Sheo Ram Singh,Raj Kumar Yadav Counsel for Opposite Party :- G.A.,Manvendra Narain Pathak,Shiv Lal,Suresh Kumar Maurya AND Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8090 of 2021 Applicant :- Suresh Saroj And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Om Prakash Mishra,Suraj Mishra Counsel for Opposite Party :- G.A.,Manvendra Narain Pathak,Shiv Lal,Suresh Kumar Maurya AND Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5141 of 2021 Applicant :- Sandeep Saroj Opposite Party :- State of U.P.
Counsel for Applicant :- Om Prakash Mishra,Suraj Mishra Counsel for Opposite Party :- G.A.,Manvendra Narain Pathak,Shiv Lal,Suresh Kumar Maurya,Surya Pratap Singh Parmar
Hon'ble Om Prakash-VII,J.
Since all the aforementioned bail applications arise out of similar nature of cases, they have been heard together and are being decided of by a common order. Criminal Misc. Bail Application No. 8763 of 2021 is leading file.
Counter affidavits filed in all the matters are taken on record.
Heard S/Sri Raj Kumar Yadav, Sheo Ram Singh, Suraj Mishra, learned counsel for the applicants, Sri Suresh Kumar Maurya, learned Advocate appearing for the informant and learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that there is cross version of the present matter. Both sides have sustained injuries. Initially in this matter FIR was lodged only for the offence under Section 147, 323, 504, 506, 427 IPC and after the death of the deceased case was converted for the offence under Section 302, 308 IPC. Deceased was one of the accused in the report lodged on the part of the applicant side. It was further argued that co-accused Subhash and Vikas having identical role have been allowed on bail vide order dated 08.07.2021 in Criminal Misc. Bail Application No.
20834 of 2021. Role assigned to the co-accused is not distinguishable with the role of the present applicants. At this juncture learned counsel for the applicants referred to the contents of the FIR as well as cross version and also medical evidence and further argued that there is no distinguishable feature to deny the applicants from bail. They are in jail since 21.09.2020, 19.09.2020 and 22.09.2020 having no criminal history. In case applicants are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the informant as well as learned A.G.A. argued that applicants cannot be allowed on bail solely on the ground of parity. It was next contended that number of persons have sustained injuries in the incident. Accused who have been released on bail are threatening to the informant. If the applicants shall be released on bail they will also extend threat to the informant side. Referring to the contents of the cross version it was also argued that cross case has been lodged on the basis of false facts. Applicants were trying to occupy the land belonging to the informant. Thus, prayer for rejection of the bail application was made.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail applications are allowed.
Let the applicants Chandan Saroj @ Deepak, Suresh Saroj, Satish Saroj, Sandip Saroj involved in Case Crime No. 243 of 2020, under Sections 147, 323, 504, 506, 427, 308, 302, 325 I.P.C.
Police Station Bhadohi, District Bhadohi be released on bail on their furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions :
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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 :- 29.7.2021 Sachdeva