Ram Avatar and Another v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4432 of 2023 Applicant :- Ram Avatar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Prahlad Maurya,Anam Som Ratna Maurya,Mohd. Taufiq Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Mohd. Taufiq Siddiqui, learned counsel for the applicants, Sri Akhilesh Kumar Vyas, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicants on bail in Case Crime No. 0077 of 2022, under Sections 147, 148, 149, 352, 332, 333, 353, 336, 323, 324, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, registered at Police Station Harpalpur, District Hardoi.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.02.2023 lodged by Station House Officer against eight named persons, including the applicants, and some unknown persons, alleging that when a police team had gone to prevent the accused persons from taking forcible possession of a disputed land by them, accused persons assaulted the police team with sticks and other weapons and they indulged in brick batting also causing injuries to the S.H.O. and some other police persons.

¶4In the affidavit filed in support of bail application, it has been stated that the applicants are innocent, they have falsely been implicated in the present case and they have no criminal history.

¶5The learned A.G.A. has opposed the prayer for bail and on the basis of instructions has submitted that the informant has suffered a hairline fracture in his neck.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR contains general allegations against numerous persons and there is no specific allegation against the applicants; that a co-accused Seema Devi has been granted bail in the present case by this court; that the applicants have no previous criminal history and they are languishing in jail since 26.02.2023 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 applicants on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicants-Ram Avatar and Rahul Kumar 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 applicants shall not tamper with the prosecution evidence;

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

(iii) the applicants shall appear on each and every date fixed by the trial court. . (Subhash Vidyarthi, J.) Order Date :- 1.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench