Chandresh Saroj and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14070 of 2023 Applicant :- Chandresh Saroj And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Devendra Upadhyay,Sanjay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Amar Nath Dubey, the learned counsel for the applicants, Sri Virendra Kumar, the 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. 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 applicants, 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 Rajkumar, Mithilesh and Hariom and other persons had assaulted with sticks.

¶4In the affidavit filed in support of bail application it has been stated that the applicants are innocent, they have been falsely implicated in the present case and they have no criminal history. It has also been submitted on behalf of the applicants that nine co-accused persons have already been enlarged on bail by this court.

¶5The State has filed a counter affidavit opposing the bail application, which is taken on record.

¶6Having 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 applicants; that nine of the co-accused persons have already been enlarged on bail by this court; that the applicants have no previous criminal history and they are languishing in jail since 12.05.2023 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.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicants-Chandresh Saroj and Sunder 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 :- 13.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench