Heera Lal v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13550 of 2023 Applicant :- Heera Lal Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri O.P. Tiwari, the learned counsel for the applicant, Sri Akhilesh Kumar Vyas, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 281 of 2023, under Sections 308, 323, 504, 506 I.P.C., registered at Police Station Hasanganj, District Unnao.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.09.2023 against the applicant and his wife stating that the accused persons had beaten up the informant's daughter at about 10.00 p.m. on 02.09.2023. The victim was treated in a private hospital and treatment papers mentions alleged history of physical assault but it does not make a mention of any injuries suffered by the victim.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history.

¶5The learned counsel for the applicant has submitted that co-accused Urmilla (wife of the applicant), has already been granted bail by means of an order dated 19.10.2023 passed by this Court in Criminal Misc. Bail Application No.13550 of 2023.

¶6The learned A.G.A. for the State has opposed the bail application 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 medical papers do not make a mention of any injury suffered by the victim and that the applicant has no previous criminal history and he is languishing in jail since 14.09.2023 whereas the other co-accused has already been granted bail and without making any observation, which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Heera Lal 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. Order Date :- 9.11.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench