Om Prakash v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46086 of 2023 Applicant :- Om Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Kumar Tripathi 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 against five known person and two unknown persons alleging the causing of injuries by the use of Lathi and Danda. Common role has been assigned to all the accused persons.

¶3The Counsel for the applicant draws my attention to the medical report, which is on record, which indicates that the in injuries were simple in nature and were caused by hard and blunt object. The applicant has no criminal antecedents.

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

¶5Considering the fact that the nature of injury is simple and the applicant does not have any criminal antecedents, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Om Prakash be released on bail in FIR/ Case Crime No.121 of 2023, under Sections 147, 148, 452, 325, 326, 323, 307, 504, 506 IPC, Police Station Pinahat, District Agra 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 :- 1.11.2023 akverma High Court of Judicature at Allahabad