Allowed

Ram Naresh and 2 Others v. State of U.P.

Allahabad HC10 Aug 2018BAIL/30231/2018

Case brief

AI extract

What is this about?

Held that applicants are entitled to bail. In non-cognizable terms, the learnt counsel for applicant pleaded injury was on non-vitals and accused falsely implicated with ulterior motive. Court, considering nature of accusation, severity of punishment and supporting evidence, found reasonable apprehension of tampering with witness exists.

What did the court decide?

Released on bail on furnishing personal bond with two heavy sureties (one family member) subject to conditions of attending trial, not tampering with witnesses, and not indulging in illegal activities

Ram Naresh and 2 Others Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30231 of 2018

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Applicant :- Ram Naresh And 2 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Prashant Saxena Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Prashant Saxena, learned counsel for the applicants and learned A.G.A. appearing for the State.

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Learned counsel for the applicant submitted that in the F.I.R. general allegation of assaulting the victim with kicks, fist and lathi-danda has been made against four persons including the applicant. He next submitted that the injury sustained by the injured was on non vital part of the body. He further submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. He lastly submitted that the applicants have no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 25.6.2018.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witnesses and prima facie satisfaction of the Court in support of

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the charge, the applicants are entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case, let the applicant Ram Naresh, Pradeep Yadav and Sudhir alias Sudhish involved in Case Crime No. 313 of 2018, under Sections 323, 504, 506 and 307 I.P.C., P.S. Gursahayganj, district-Kannauj be released on bail on their furnishing personal bond with two heavy sureties (one should be of their family members) each in the like amount to the satisfaction of the court concerned with the following conditions.

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The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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They will not tamper with the witnesses.

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They will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 10.8.2018 Faridul

Ram Naresh and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ram Naresh and 2 Others v. State of U.P.

Case brief

What is this about?

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