Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15776 of 2021 Applicant :- Rohit Raja Opposite Party :- State of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Rohit Raja in connection with Case Crime No. 58 of 2020, under Sections 147, 148, 307, 323, 325, 506, 34 IPC, Police Station Saujana, District Lalitpur.
Heard Mr. Nanhe Lal Tripathi, learned counsel for the applicant and Mr. S.S.Tiwari, learned A.G.A. appearing for the State.
The submission of the learned counsel for the applicant is that the injuries sustained by the victim, Mahendra Pratap, though, could be clashed as grievous as these are fractures to various parts of his limb such as his hand, in the shaft of ulna of the right forearm and the tibia and fibula of the right leg, but none of these injuries are, in the normal course of nature, sufficient to cause death. It is urged, therefore, that no case under Section 307 I.P.C. is made out. It is also submitted that there are six assailants but no specific role has been assigned to any of them including the applicant. It is next submitted that a similarly circumstanced co-accused Suryapratap Singh @ Choturaja has been admitted to bail by Hon'ble Om Prakash-VII, J. vide order dated 03.02.2021 passed in Criminal Misc. Bail Application No. 5517 of 2021 entitling the applicant to the benefit of parity. There is criminal history of a solitary case which has been explained in paragraph no. 3 of the supplementary affidavit. The applicant is in jail since 04.02.2021.
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 the injuries disclosed though grievous, in the normal course of nature are prima facie not sufficient to cause death, the fact that a general role has been assigned to the applicant, the fact that co-accused identically circumstanced has been admitted to bail entitling the applicant to parity, 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 Rohit Raja involved in Case Crime No. 58 of 2020, under Sections 147, 148, 307, 323, 325, 506, 34 IPC, Police Station Saujana, District Lalitpur 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 :- 8.4.2021 Brijesh Maurya