Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2370 of 2018 Applicant :- Ram Dayal And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Mr Ashok Malaviya Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Counter affidavit has been filed by Sri Birjesh Kumar Yadav, learned A.G.A. for the State, the same is taken on record.
Heard Sri Ashok Malayiya, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicants - Ram Dayal and Ram Kumar, who are involved in Case Crime No. 1149 of 2016, under Sections 323, 504, 304/34 IPC, Police Station - Kotwali, District - Mirzapur.
As per prosecution version, on 11.12.2016 at about 08.00 A.M., applicants Ram Dayal and Ram Kumar along with co-accused Somaru and Ram Bharosey came at the door of informant and after abusing, assaulted Ram Naresh, brother of informant, with 'lathi' 'danda', due to which he sustained injury. Non-cognizable report in this reference was registered under Sections 323, 504 IPC. Ram Naresh succumbed to his injury. Later on, offence under Section 304 IPC was added.
It is contended by learned counsel for the applicants no offence against the applicants is disclosed. They have been falsely implicated in the present case. No offence, whatsoever, is made out against them and they are innocent. The applicants - Ram Dayal and Ram Kumar have no criminal antecedents and they are languishing in jail since 26.10.2017 and 16.12.2017, respectively.
It is further contended by learned counsel for the applicants that co-accused Somaru, whose role is similar to that of the applicants, has been enlarged on bail vide order dated 20.11.2017 passed in Criminal Misc. Bail Application No. - 11133 of 2017 (Somaru v. State of U.P.). Hence, the present applicants are also entitled to be released on bail on the ground of parity.
Per contra, learned A.G.A. has opposed the prayer for bail.
However, he admitted this fact that similarly placed co-accused Sumaru has been admitted to bail.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicants on bail.
Let the applicants - Ram Dayal and Ram Kumar be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed. Order Date :- 26.2.2018 I. Batabyal