Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19106 of 2021 Applicant :- Suraj Bansphor Opposite Party :- State of U.P.
Counsel for Applicant :- Dr. C.P. Upadhyay Counsel for Opposite Party :- G.A.,Manoj Kumar Maurya,Rajesh Kumar Dubey
Hon'ble Om Prakash-VII,J.
Heard Dr. C.P.Upadhyay, learned counsel for the applicant, Sri Rajesh Kumar Duby, learned counsel for the informant as well as the learned A.G.A for the State and perused the record.
Submission of learned counsel for the applicant is that the applicant is innocent and has not committed the present offence. No specific role has been assigned against the applicant in first information report. In the similar circumstance, co -accused Dheeraj has been granted bail by another bench of this court vide order dated 29.6.2021 passed in Cr.Misc. Bail Application No. 18227 of 2021. Role assigned to applicant is not distinguishable to such extent to deny him for bail. Learned counsel for the applicant referring to the contents of first information report as well as statement of witnesses recorded under section 161 Cr.P.C. has further argued that applicant is in jail since 7.2.2021 having no criminal history.
On the other hand, learned AGA and learned counsel for the informant argued that role assigned against the applicant is distinguishable with role of co-accused who has been released on bail as the applicant has beaten the witness Udit Kumar, prior to the present incident. Thus applicant cannot claim parity with co-accused.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and 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 applications are allowed.
Let the applicant Suraj Bansphor involved in Case Crime No. 16 of 2021, under Sections 147, 304, 323, 504 IPC, P.S. Bhatni District - Deoria be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 28.7.2021 Gss