Sheetal Prasad v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko

Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12286 of 2023 Applicant :- Sheetal Prasad Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Rajesh Kumar Yadav,Archana Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. This application has been moved by the applicant - Sheetal Prasad to enlarge him on bail in Case Crime No. 309 of 2023 under Sections 147, 148, 323, 504, 506, 325, 308 IPC, Police Station Maurawan, District Unnao. It is argued by the learned counsel for the applicant that four persons are shown to be injured in the incident. Except injury of Harikesh, the injuries of rest three injures persons are simple. The main accused Rajendra and other co-accused persons; Madhav and Nandlal have been granted bail earlier by the coordinate benches of this court. The role assigned to the present applicant, as per FIR, is the same. The statement of injured Harikesh was recorded after five days of the incident. The present applicant is languishing in jail since 29.07.2023, hence, the prayer for bail is made. Learned A.G.A. opposed the prayer for bail. From perusal of the record, it is found that in the incident out of four injured persons one Harikesh, the first informant, sustained two fractures; one in skull and another in metacarpal bone (right). Co-accused Rajendra, Madhav and Nandlal have been granted bail by the coordinate benches of this court. The role assigned to the present applicant is identical to the rest co-accused persons. The applicant is languishing in jail since

29.07.2023. Considering the facts and circumstances of the case, perusing the record, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. The bail application is allowed. Let the applicant -Sheetal Prasad involved in the aforesaid case be released on bail on furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

¶1The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

¶2He will not tamper with the witnesses.

¶3He will not indulge in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 30.11.2023 gp High Court of Judicature at Allahabad, Lucknow Bench