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Ramchandra vs State Of U P

High Court Of Judicature at Allahabad|30 July, 2021
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JUDGMENT / ORDER

Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24833 of 2021 Applicant :- Ramchandra Opposite Party :- State of U.P.
Counsel for Applicant :- Gokaran Singh,Ram Sagar Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Exemption application is allowed.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Initially FIR was lodged on 28.03.2021 in this matter for the offence under Section323, 504, 506 IPC regarding the offence said to have been committed 23.03.2021. Deceased died on 24.04.2021. Thereafter case was converted into the offence under Section 304 IPC. Referring to the period of treatment it was further argued that no case for the offence under Section 304 IPC is made out. Applicant is aged about 65 years. No proper treatment was made available to the deceased and due to that reason he died due to septicaemia as a result of ante mortem injuries. At this juncture learned counsel for the applicant referred to the contents of the FIR as well as post mortem report and further argued that applicant is in jail since 13.05.2021 having no criminal history. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, complicity of the accused, scrutinizing the facts mentioned in the FIR, statement of witnesses recorded under Section 161 Cr.P.C. and without expressing any opinion on the 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 Ramchandra involved in Case Crime No. 100 of 2021, under Sections 323, 504, 506, 304 I.P.C., P.S. Bakheera, District Sant Kabir Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.7.2021 Sachdeva
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Title

Ramchandra vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 July, 2021
Judges
  • Om Prakash Vii
Advocates
  • Gokaran Singh Ram Sagar Chaudhary