Sugreev @ Naresh v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51151 of 2023 Applicant :- Sugreev @ Naresh Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Shukla,Narendra Deo Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Shri Vivek Shukla, learned counsel for the applicant and Ajeet Madheshiya, learned Brief Holder for the State-respondent.

¶2The instant application has been filed seeking release of the applicants on bail in Case Crime No.193 of 2023, under Sections 147, 149, 308, 323, 504, 506, 427, 342 I.P.C., Police Station Meja, District Prayagraj, during pendency of the trial in the court below.

¶3FIR of the present case was lodged against applicant and seven others and according to the FIR, applicant and other accused persons made assault through wooden sticks and sharp aged weapon and due to the assault made by them, number of persons sustained injuries.

¶4Learned counsel for the applicant submitted that initially F.I.R. of the present case was lodged, under Sections 147, 149, 308, 323, 504, 506, 427, 354 I.P.C. but after the death of one of the injured, case was converted under Section 304 I.P.C.

¶5He further submits that on the basis of general and omnibus allegation, applicant has been made accused alongwith seven others and bail applications of as many as seven accused persons have already been allowed by this Court. He produced the bail orders of co-acused during the course of argument, which is taken on record and collectively marked as "A".

¶6He further submits that case of applicant is at par with them.

¶7He next submits that applicant is not having any criminal history and he is in jail in the present matter since 17.10.2023.

¶8Per contra, learned AGA opposed the prayer for bail but could not dispute that on the basis of general and omnibus allegation, applicant has been made accused alongwith seven others and bail applications of seven co-accused persons have already been allowed by this Court and case of applicant is at par with them.

¶9I have heard learned counsel for both the parties and perused the record of the case.

¶10Considering the fact that on the basis of general and omnibus allegation, applicant has been made accused alongwith seven others and bail applications of other seven accused persons, who were also named in the FIR, have already been allowed by this Court and case of applicant is at par with them, in my view, applicant is entitled to be enlarged on bail.

¶11Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶12Let the applicant-Sugreev @ Naresh, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶13In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶14It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 30.11.2023 Zafar High Court of Judicature at Allahabad