Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32723 of 2016 Applicant :- Radhey Shyam And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Premnendra Singh,Amitabh Tripathi,Shesh Narain Mishra Counsel for Opposite Party :- G.A.,Anirudh Kumar Upadhyay
Hon'ble Umesh Chandra Srivastava,J.
Counter affidavits filed today by learned A.G.A. and learned counsel for the informant are taken on record.
Heard learned counsel for the applicants, learned A.G.A., learned counsel for the informant and perused the record.
Learned counsel for the applicants has submitted that levelling general allegation of assault by lathi, danda, hockey and saria, seven named and 25 unnamed persons have been roped in the FIR, no specific role has been assigned to anyone, including the applicants. He has further submitted that seven persons, including the deceased from the side of prosecution and three persons from the side of applicants are said to have received injuries in the incident in respect of which a cross FIR has also been lodged by co-accused Amar Nath. He has further submitted that similarly situated co-accused Amar Nath has been granted bail by another Bench of this Court by order dated 9.12.2016 passed in Criminal Misc. Bail Application No.32790 of 2016 and, in view thereof, applicants are also entitled to bail on the ground of parity. It is also submitted that nothing incriminating article has been recovered either from the possession or on the pointing out of the applicants. It is also submitted that the applicants have no other criminal history to their credit nor there is possibility of their either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. and learned counsel appearing for the informant have vehemently opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides and considering the facts and circumstances of the case, I find it a case of bail.
Let applicants Radhey Shyam, Buddhu, Vimal and Bajrang Nath be released on bail in Case Crime No.480 of 2016, under Sections 147, 148, 323, 452, 504, 427, 325, 304 I.P.C., P.S.
Chhawani, District Basti, on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 19.4.2017 Rishabh