Hari Om Saroj v. State Ofu.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13610 of 2023 Applicant :- Hari Om Saroj Opposite Party :- State Ofu.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. Counsel for Applicant :- Ashok Kumar Srivastava,Avinash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Avinash Srivastava, learned counsel for the applicant, Ms. Ankita Tripathi, 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, the applicant, 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.

¶5Two of the co-accused persons, Rama Shankar Yadav and Mukesh Saroj have been granted bail by this court by means of the orders dated 27.09.2023, and 30.10.2023 passed in Criminal Appeal No.3087 of 2022 and CRIMINAL MISC. BAIL APPLICATION No.12729 of 2023 respectively.

¶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 F.I.R contains general allegations against the applicant; that similarly situated co-accused persons have already been enlarged on bail by this court; that the applicant has no previous criminal history and he is languishing in jail since

26.03.2023 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-Hari Om 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 :- 18.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench