Ram Aasrey and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2367 of 2023 Applicant :- Ram Aasrey And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ramakar Shukla, the learned counsel for the applicants as well as Smt.Parul Kant, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicants seeking anticipatory bail in F.I.R. bearing Case Crime No.08 of 2023, under Sections 323, 504, 506, 308, 452, 34 I.P.C. and Section 92 (a) Right of Persons with Disabilities Act, registered at Police Station Lambhua, District Sultanpur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.01.2023 against the applicant, one Vipin Kumar and an unknown person alleging that all the accused persons had beaten up the informant in his house at about 10.30 a.m. on 04.01.2023.

¶5In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicants are innocent, they have no criminal history and they have falsely been implicated in the present case. The medico legal examination report of the victim mentions an abrasion on his right heel besides complaint of pain and the injury has been opined to be simple in nature.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the factum of delay in lodging the F.I.R, nature of injury suffered and the nature of general allegations levelled against the applicant coupled with the fact that the applicants have no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicants.

¶8In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicants-Ram Aasrey, Mukesh Kumar, Rishabh and Ram Chandar before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted;

(ii). That the applicants 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;

(iii). That the applicant shall not pressurize/ intimidate the prosecution witness Order Date :- 19.10.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench