Hariom v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53463 of 2023 Applicant :- Hariom Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Jaid Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri S.A. Azim, Advocate holding brief of Mohd. Zaid, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State-respondent.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 351 of 2023, under Section 304 IPC, Police Station Saini, District Kaushambi, during pendency of the trial in the court below.

¶3FIR of the present case was lodged against the applicant and co-accused Mohit under section 304 IPC and according to the FIR applicant alongwith co-accused came at the house of the informant to provide treatment to her husband and injected an injection and after that when condition of the husband of the informant started deteriorating then applicant alongwith another co-accused has taken him to hospital where after sometime, he died.

¶4Learned counsel for the applicant submitted that the entire allegations made against the applicant are totally false and baseless and as per post mortem report of the deceased, he died due to advance lung disease.

¶5He further submitted that only being neighbour on the basis of suspicion, applicant has been made accused in the present matter.

¶6He further submitted that applicant is having no criminal history and he is in jail in the present matter since September, 2023.

¶7Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that as per post mortem report of the deceased, it appears that deceased died due to septicemic shock as a result of advance lung disease.

¶8I have heard learned counsel for the parties and perused the record of the case.

¶9Considering the fact that deceased died due to septicemic shock as a result of his advance lung disease, in my view, applicant is entitled to be released on bail.

¶10Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶11Let the applicant-Hariom, 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.

¶12In 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.

¶13It 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 :- 13.12.2023 Ankita High Court of Judicature at Allahabad