In this criminal bail application, the court examined the arguments regarding the applicant's innocence and the bail status of co-accused persons, ultimately permitting release on bail subject to standard conditions.
Application allowed; applicant to be released on bail with two sureties upon executing a personal bond.
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. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7335 of 2019
Applicant :- Awadesh Verma Opposite Party :- State Of U.P. Counsel for Applicant :- Mahendra Ram Maurya,Shamasul Eslam Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Awadesh Verma has prayed to release him on bail in Case Crime No. 104 of 2018, u/s 326, 323, 504, 506 I.P.C., P.S. Bansdeeh Road, District Ballia.
Heard learned counsel for the applicant and Sri K. K. Rajbhar, learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number by way of an application u/s 156(3) Cr.P.C. in which three co-accused persons were enlarged on bail by the Sessions Judge, Ballia, vide order dated 11.1.2019, whereas the accusation was with common role, but bail of accused-applicant was rejected. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application but could not oppose the fact of grant of bail to co-accused.
Under all above facts and circumstances, considering rival arguments, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed .
Let the applicant, Awadesh Verma, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 10.5.2019
Pcl
1 issue framed by the court
Whether the applicant is eligible to be released on bail pending trial.
Awadesh Verma
Ram Krishna Gautam
As recorded by the court registry
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