Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42339 of 2021 Applicant :- Ram Kewal Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar,Satya Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Tripathi B.G. Bhai and Pramod Kumar Singh, learned counsel for the informant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 123 of 2021, under Sections 147, 323, 336, 504, 302/34 I.P.C., P.S.
Raudhauli, district-Basti, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against six persons, including the present accused, alleging therein that on 1.8.2021 at about 8:30 O'clock in the night when the elder brother of the complainant Neeraj Singh @ Shatrughan Singh was returning home after milking, then all the accused persons attacked him with lathi-danda, bricks-stones, kicks and fists due to political rivalry.
Learned counsel for the applicant submits that there is a cross version of the incident and the report against the accused and five others was lodged as Case Crime no. 23 of 2021. The accused side also lodged an FIR against the complainant side, which was registered as Case Crime no. 124 of 2021. One person died and six persons received injuries from the side of the prosecution, while five persons received injuries from the side of the defense, which the prosecution has not been able to explain. It is apparent that the prosecution has not come up with clean hands and it is difficult to ascertain at this stage as to which party is the aggressor. He next submits that the applicant who has no criminal antecedents to his credit and is in jail since 11.8.2021, is entitled to be enlarged on bail during the pendency of trial.
Sri Tripathi B.G. Bhai and Pramod Kumar Singh, learned counsel for the informant, as well as learned A.G.A. have vehemently opposed the prayer for bail but have not disputed the fact that a case was also registered against the complainant side, in which two persons are in jail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering that this is a cross-case, in which both the sides have received injuries, considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Ram Kewal Singh be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.10.2021 Faridul