The court allowed a bail application for two applicants accused of assault resulting in death. Relying on the precedent that co-accous s already granted bail, the court held it a fit case for bail and ordered their release.
Release of applicants on bail with personal bond and two sureties each subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11366 of 2019
Applicant :- Rajesh Saroj And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, Sri Manas Bhargava, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against nine accused persons, namely Devnarayan, Amarnath, Satyanarayan, Ramshiromani, Rajesh, Ankit, Neeraj, Brijesh, Pawan alleging that on 31.7.2018 they assaulted Sithlal Saroj, Jeetlal Saroj and Achchhe Lal Saroj with lathidanda and Gadasa. Sithlal Saroj received one head injury, resultantly died. Injuries received by Jeetlal Saroj and Achchhe Lal Saroj are not dangerous to life. Specific role of assault was assigned to co-accused Ankit.
It is submitted by learned counsel for the applicants that co-accused namely Amarnath Saroj and Devnarayan Saroj have already been granted bail by co-ordinate Bench of this Court vide order dated 31.1.2019 in Criminal Misc. Bail Application No. 4349 of 2019, since the role of the applicants is not distinguishable with the role of coaccused, therefore, the applicants are also entitled for bail. The applicants are innocent and have been falsely implicated in the present case. Offences levelled against the applicants are not attracted in the present case. There are general allegation against all accused persons except Ankit. Main role was assigned to co-accused Ankit. The case of applicants is distinguishable from co-accused Ankit. There is no independent witness and no legal evidence against the applicants. They are languishing in jail since 15.8.2018 (more than seven month) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no criminal history and the case of present applicants is identical to co-accused Amarnath Saroj and Devnarayan Saroj who has been enlarged on bail.
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.
Let applicants Rajesh Saroj and Ramshiromani Saroj involved in Case Crime No. 120 of 2018, under Sections 147, 148, 307, 302, 323, 504, 506, 34 IPC, Police Station Sujanganj, District Jaunpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicants will not pressurize/ intimidate the prosecution witness.
3.The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5.The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 15.3.2019 A. Singh
1 issue framed by the court
Whether the applicants are entitled to bail considering the role similarity with co-accused already granted bail.
Rajesh Saroj
Ramshiromani Saroj
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
