Allowed

ram avtar v. State of U.P.

Allahabad HC1 Feb 2018BAIL/3543/2018

Case brief

AI extract

What is this about?

Court No. 22 allowed Criminal Misc. Bail Application No. 3543 of 2018 filed by Ram Avtar in a case involving assault. The Court released the applicant on bail after considering the period of custody, lack of danger to life in injuries, and the role of co-accused.

What did the court decide?

Release of the applicant on personal bond and two sureties with conditions to ensure appearance and non-tampering with evidence.

ram avtar Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

¶1

Court No. - 22 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3543 of 2018 Applicant :- Ram Avtar Opposite Party :- State Of U.P. Counsel for Applicant :- Mohammad Akram Counsel for Opposite Party :- G.A.

¶2

Hon'ble Aniruddha Singh,J.

¶3

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶4

According to the prosecution case the F.I.R. was lodged against Ram Avtar, Yadram, Ashok, Rohtash alleging that they assaulted the injured Bali Devi, Ritu, Sunil and Susheel; one injury of the injured Sushil was found grievous in nature; all other injuries of the injured are simple in nature.

¶5

Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; except one injury of injured Sushil all other injuries of the injured are simple in nature; no injury of the injured was found dangerous to life; there is no independent witness against the applicant; there is no criminal history against the applicant; there is general allegations against all accused, there is cross case in crime no. 388 of 2014; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 15.12.2017 (more than one and half months). Co-accused namely Rohtash has been granted bail by this Court on 18.1.2018 vide Criminal Misc. Bail Application No. 284 of 2018; since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.

¶6

Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.

¶7

Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.

¶8

Let the applicant Ram Avtar involved in the Case Crime No. 388 of 2014, under Sections 323, 324, 308, 506 I.P.C., P.S. Haldaur, District Bijnor be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

¶9

i) The applicant shall not tamper with the prosecution evidence.

¶10

ii) The applicant shall not threaten or harass the prosecution witnesses.

¶11

iii) The applicant shall appear on the date fixed by the trial court.

¶12

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.

¶13

v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶14

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

¶15

Order Date :- 1.2.2018//A. Singh

ram avtar v. State of U.P.

Case brief

What is this about?

What did the court decide?

ram avtar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sabir Ali Vs State of U.P.

Bhura Vs State of U.P.

nakchhed kanjad Vs State of U.P.

Vinod Alias Chhotey Yadav Vs State of U.P.

arpan Vs State of U.P.

Maneesh Kumar Vs State of U.P.