Amresh Kumar v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14625 of 2023 Applicant :- Amresh Kumar Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Brijesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Brijesh Kumar Singh, the learned counsel for the applicant as well as Sri Arpit Kumar, 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. 344 of 2020, under Section 147, 323, 504, 506, 325, 308, 427 I.P.C., registered at Police Station Raunahi, District Ayodhya.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on

15.08.2020 against five persons, including the applicant, alleging that all the accused persons had assaulted the informant and when his family members tried to save him, they were also beaten up.

¶4The applicant' involvement in two other cases has been disclosed in para 22 of the affidavit filed in support of the bail application and para 2 of the supplementary affidavit, in one of which he has been granted bail.

¶5The learned counsel for the applicant has submitted that all the other co-accused persons have already been granted bail and copies of their bail orders have been annexed in the affidavit filed in support of the bail application.

¶6The learned A.G.A. has opposed the prayer of the 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 levels general allegations against all the accused persons and no specific role has been assigned to the applicant and that all the other co-accused persons have already been granted bail, 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-Amresh 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 the 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 :- 14.12.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench