Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37986 of 2018 Applicant :- Raja Ram And 2 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Durga Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Durga Singh, learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants-Raja Ram, Roshan Lal alias Munai and Ram Ratan in Case Crime No.136 of 2018, under Sections 147, 148, 149, 323, 504, 506, 307, 308 and 302 I.P.C., Police Station Manda, District-Allahabad with the prayer to enlarge them on bail.
The submission of the learned counsel for the applicants is that there is dispute over a property between the parties. It is stated that on 30.5.2018 at about 5.00 p.m. the applicants and 10 other named accused and 7-8 unknown ladies tried to illegally take possession over disputed property and on being objected by the first informant and others, accused assaulted the deceased and eight other injured by lathi, danda, axe and sharp edged weapons. Learned counsel states that the deceased sustained one injury on his head which is swelling on the skull and remaining two are one contusion and a abrasion on other parts of the body. The deceased died on account of solitary head injury underneath which parietal bone was found fractured. So far as injuries of other injured are concerned, they are simple in nature. It is argued that general and omnibus weapons and role has been assigned to all the accused. There is counter version from the defence side also. Two persons on defence side also sustained injuries. It is a case of sudden fight without premeditation. It is pointed out that co-accused, namely, Phool Chand, Ajai Kumar, Hanuman alias Baleshwar and Radhika Prasad to whom generalized role of assault and weapons have been assigned, have been granted bail by this Court today in Criminal Misc. Bail Application No. 37982 of 2018 and the case of the applicants stands on the same footing. There is no early prospect of conclusion of trial. So, the applicants, who are in jail since 1.6.2018, having no criminal history to their credit, deserve to be released on bail.
Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary. However, they have submitted that specific weapons and role have been assigned to co- accused, Amar Jeet, Pradeep and Rajendra Prasad and their case is distinguishable from that of the applicants.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicants are entitled to be released on bail.
Let applicants-Raja Ram,Roshan Lal alias Munai and Ram Ratan be released on bail in the aforesaid case crime number on each of them furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicants shall not tamper with the prosecution evidence;
2. The applicants shall not pressurize the prosecution witnesses;
3. The applicants shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicants.
Order Date :- 29.10.2018 MN/-