Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30540 of 2021 Applicant :- Phirtu Ram Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. FIR was lodged against eight accused persons including applicant and only general and omnibus allegations were made that all the accused persons armed with lathi, rod and knives have made an assault and deceased was also given a knife blow, who later on died, whereas, Deenanath, informant, Bhimram and Nagina Ram have sustained injuries. It has been submitted that in her statement, under Section 161 Cr.P.C., the only role assigned to applicant by first informant is that of exhortation only and he has not assigned any weapon to applicant. Similarly other injured persons also assigned the role of exhortation to the applicant and no such allegation was made that applicant has caused any injury to deceased or injured persons. It was submitted that co-accused Chaitu alias Chandra Prakash Ram and Chandan Kumar have already been granted bail and that case of applicant is on better footing than them. Criminal history of one case under Section 147, 323, 504 and 506 IPC, P.S. Jahanaganj, District Azamgarh was shown against applicant and in that case interim relief has already been granted to the applicants by this Court. It has been submitted that the applicant is languishing in jail since 18.06.2021 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. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused persons, namely, Chaitu alias Chandra Prakash Ram and Chandan Kumar 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 Phirtu Ram involved in Case Crime No. 42 of 2021, under Section(s) 147, 148, 149, 323, 324, 504, 506, 352, 34, 302 and 307 I.P.C., registered at P.S. Jahanaganj, District Azamgarh, 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 :- 29.10.2021 Neeraj