Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45779 of 2021 Applicant :- Suresh Opposite Party :- State of U.P.
Counsel for Applicant :- C.L. Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard Sri C.L. Chaudhary, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Suresh in Case Crime No. 231 of 2021, under Sections 452, 308, 323, 504, 506 I.P.C., Police Station- Hathras Gate, District- Hathras, with the prayer to enlarge him on bail during trial.
As per prosecution case, the informant Radha Charan and his son Omkar were present in house on 06.07.2021 and at that time accused Manoj, Omveer, Vijay Singh and Suresh (applicant) arrived there armed with lathi, danda and Saria and started hurling abuse to them by saying that how did he dare to ask him Rs.2000/-. When informant's son Omkar has forbade, the accused persons started beating his son in which his son sustained injuries and became unconscious. Later on he was taken to hospital, thereafter, he was referred to JNU Medical College, Aligarh.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. In the first information report, time of occurrence has not been mentioned. It is further contended that first information report has been lodged on the next day of incident but no explanation has been tendered by the prosecution for delay. A general and omnibus role has been assigned to all of the accused persons. It is next contended that other co-accused persons namely Vijai Singh, Omvir and Manoj have already been enlarged on bail by the coordinate Bench of this Court vide orders dated 10.12.2021, 14.12.2021 and 21.12.2021 passed in Criminal Misc. Bail Application Nos. 45789 of 2021, 47241 of 2021 and 47442 of 2021, respectively. There is no early prospect of conclusion of trial. So, the applicant, having no criminal history to his credit, deserves to be released on bail on the ground of parity.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
I have gone through the record. The co-accused persons have been enlarged on bail. The time of occurrence is not mentioned in the F.I.R. The case of applicant is at par with that of aforesaid co-accused who have been enlarged on bail.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties and evidence available on record, without expressing any opinion on merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
The bail application is allowed.
Let applicant- Suresh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
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 prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
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 :- 24.12.2021 Vikas