Mukesh Saroj v. State of U.P. Thru. Prin. Secy. Deptt. of Home

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12729 of 2023 Applicant :- Mukesh Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Counsel for Applicant :- Amar Nath Dubey,Anil Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Amar Nath Dubey, learned counsel for the applicant, Smt. Parul Kant, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 45 of 2022, under Sections 147, 148, 323, 504, 506, 307, 34 I.P.C., registered at Police Station Sangramgarh, District Pratapgarh.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.02.2022 against 27 persons, including the applicant, stating that the accused persons had abused the informant and beaten up some other persons. The F.I.R. states that the co-accused Amir Chand has assaulted with an axe and co-accused Rajkumar, Mithilesh and Hariom and other persons had assaulted with sticks.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. One of the co-accused person Rama Shankar Yadav has been granted bail by this court by means of an order dated

27.09.2023, passed in Criminal Appeal No.3087 of 2022.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R contains general allegations against the applicant; that similarly situated co-accused person has already been enlarged on bail by this court; that the applicant has no previous criminal history and he is languishing in jail since 15.06.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Mukesh Saroj 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 magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 30.10.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench