Samayan @ Shyamnarayan Rajbhar v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45669 of 2023 Applicant :- Samayan @ Shyamnarayan Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2The FIR in question was lodged alleging that on account of a property dispute, the applicant caused substantial injuries, which resulted into partial amputation of left finger.

¶3The Counsel for the applicant argues that the applicant has no criminal history and has been falsely implicated in this case.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the fact that the dispute arises out of an alleged property dispute and the injuries are primarily simple in nature except injury no.1, the applicant is in custody since 11.08.2023 and has no criminal antecedents and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Samayan @ Shyamnarayan Rajbhar be released on bail in FIR/ Case Crime No.498 of 2023, under Sections 323, 504, 506, 452, 326 IPC, Police Station Jeanpur, District Azamgarh on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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. Order Date :- 30.10.2023 akverma High Court of Judicature at Allahabad