Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 952 of 2021 Applicant :- Ram Surat Opposite Party :- State Of U.P And Another Counsel for Applicant :- Sushil Kumar Pal Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. In the first information report as many as 39 persons were named as accused and that allegations were made that all the accused persons have assaulted the deceased with lathi and danda whereas, deceased has sustained only three injuries and that there is no specific evidence that which of the accused or accused persons have caused the injuries. It was stated that as the 39 persons have been assigned role of assaulting the deceased, thus, it is impossible to gather that who is the real author of fatal injuries sustained by the deceased. Learned counsel further submitted that no specific role has been assigned to applicant and that similarly placed co-accused have already been enlarged on bail by co-ordinate Benches of this Court, vide orders dated 2.07.2021, 2.07.2021 and 26.07.2021, passed in Criminal Misc. Bail Application Nos.-, 763 of 2021, 948 of 2021 and 3405 of 2021, 3620 of 2021, 3862 of 2021, 3671 of 2021 and 3720 of 2021 respectively. It has been submitted that the applicant is languishing in jail since 23.05.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed above stated co-accused persons have already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Ram Surat involved in Case Crime No.194 of 2020, under Sections 147, 148, 149, 323, 341 and 302 I.P.C., P.S. Koraon, District Prayagraj, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 27.7.2021 Neeraj