Rammurti Alias Ram Murat Gupta v. State of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Home and 3 Others

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12776 of 2023 Applicant :- Rammurti Alias Ram Murat Gupta Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Home And 3 Others Counsel for Applicant :- Himanshu Tiwari,Ajeet Kumar,Vedika Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ajeet Kumar, learned counsel for the applicant, Sri Jayant Singh Tomar, learned A.G.A.-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0507 of 2023, under Sections 147, 324, 323, 307, 504, 506 I.P.C., registered at Police Station Kotwali Ayodhya, District Ayodhya.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.09.2023 against four named accused persons, not including the applicant and an unknown person alleging that all the accused persons had beaten up and assaulted the informant with sharp edged weapon and sticks. When some persons tried to save the informant they were also beaten up.

¶4Three persons have received injuries in the incident. The applicant is not named in the F.I.R. and his named surfaced in the statement of the informant recorded under Section 161 Cr.P.C., wherein it is stated that the applicant had assaulted on the head of Vipul Tiwari. In his statement Vipul Tiwari has not assigned the specific role of causing injury on his head against the applicant. Moreover, the injuries suffered by Vipul Tiwari are simple in nature as no abnormality has been detected in the X-ray examination report.

¶5In 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.

¶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 fact that the applicant has no previous criminal history and he is languishing in jail since

08.09.2023 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.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Rammurti Alias Ram Murat Gupta 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 :- 31.10.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench