Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15546 of 2021 Applicant :- Ram Bharosey @ Ram Chandra Opposite Party :- State of U.P.
Counsel for Applicant :- Pashali Slolanki,A.K. Singh Solanki Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Ram Bharosey @ Ram Chandra in connection with Case Crime No. 298 of 2016, under Sections 323, 324, 325, 326, 504, 506 I.P.C., Police Station Musajhag, District Budaun.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
The submission of the learned counsel for the applicant is that there is a common role of assault attributed to the applicant and co-accused Surendra @ Pothi with no further or specific or different role assigned to the applicant. It is submitted that co- accused Surendra @ Pothi has been admitted to bail by Hon'ble Gautam Chowdhary, J. vide His Lordship's order dated 23.06.2020 passed in Criminal Misc. Bail Application No. 16239 of 2020 entitling the applicant to bail on the foot of parity. It is also submitted that the applicant has no criminal history as asserted in paragraph no. 21 of the affidavit. The applicant is in jail since 19.02.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that there is a common role of assault assigned to the applicant and co-accused Surendra @ Pothi, the fact that co- accused has been admitted to bail by this Court and the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Ram Bharosey @ Ram Chandra involved in Case Crime No. 298 of 2016, under Sections 323, 324, 325, 326, 504, 506 I.P.C., Police Station Musajhag, District Budaun be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the 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 default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 7.4.2021 Brijesh Maurya