Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45313 of 2021 Applicant :- Gaya Prasad And Another Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Mani Ram Verma,Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, 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 argued that offence under Section 308 IPC is not attracted in the matter. Initially N.C.R. was lodged only for the offence under Section 323, 504 IPC. During investigation offence under Section 308 IPC was added. Referring to the injury sheet it was further argued that offence under Section 308 IPC is not attracted in the matter. Applicants side also sustained injuries in the matter. Applicants are in jail since 31.08.2021 having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties 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 application is allowed.
Let the applicants Gaya Prasad and Somai involved in Case Crime No. 132 of 2021, under Sections 308, 323, 504 I.P.C., P.S. Siddharth Nagar, District Siddharth Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 29.10.2021 Sachdeva Digitally signed by OM PRAKASH Date: 2021.10.29 13:05:01 IST Reason: Document Owner Location: High Court of Judicature at Allahabad