Criminal Misc. Bail Application allowed for two accused persons in a homicide case. The court held that applicants had made out a case for bail considering their custody period and lack of criminal history for one applicant, allowing release on personal bond and sureties.
Applicants released on bail by furnishing personal bond and two sureties each.
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. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14588 of 2019
Applicant :- Ram Ashrey And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Abrar Ahmad Siddiqui,Anand Kumar Mishra,N/A,Rajiv Kumar Mishra Counsel for Opposite Party :- G.A.,Dhirendra Kumar Srivastava
Hon'ble Aniruddha Singh,J.
Third supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicants, learned counsel for complainant as well as Sri Mayank Mishra, learned Brief Holder for the State and perused the record.
According to prosecution case, FIR was lodged against nine persons namely, Ram Asrey, Rajesh Kumar, Surendra Kumar, Virendra Kumar, Dinesh, Raj Bahadur, Suni Kumar, Alok Kumar and Yuvraj alleging that on 29.12.2018 they assaulted Rajesh Yadav. He received three injuries and died due to head injury.
It is submitted by learned counsel for the applicants that the applicants are languishing in jail since 3.1.2019(more than four months). Criminal history of two cases of applicant no.1 have been explained, in one case he has been acquitted and in another on bail. Applicant No.2 has no criminal history. They have been falsely implicated. General role is alleged to have been assigned to all the accused and it is not clear as to who was author of having caused fatal injury resulting in death of deceased. There is no independent witness. In case applicants are released on bail, they will not misuse the liberty of bail and cooperate in the trial.
On the other hand, learned Brief Holder opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants. He admitted that the applicant No.2 has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let applicants Ram Ashrey and Virendra Kumar Yadav involved in Case Crime No.359 of 2018, under Section 147, 452, 308, 323, 504, 506, 427 IPC, Police Station Audyogik
Chhetra, District Prayagraj(Allahabad) be released on bail on their 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 him 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 :- 8.5.2019
P.P.
3 issues framed by the court
Whether the applicants are entitled to bail in a criminal case without expressing opinion on merits.
Whether the bailability conditions are appropriate.
Whether the period of custody justifies bail release.
Ram Ashrey
Virendra Kumar Yadav
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
