This court allowed the bail application of Arjun and Suraj, charged with offences under Sections 304, 323, 504, 506, 427 IPC at Police Station Lalganj, district Basti, citing apprehension of witness tampering and prima facie case.
Applicants released on bail on executing personal bond with two sureties each.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10558 of 2020
Applicant :- Arjun And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava,Ganesh Kumar,Vidhya Shanker Tiwari,Jwala Prasad Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Both the sides have been heard virtually.
Argument on behalf of the applicants has been extended to the effect that in this case, applicants are innocent and have been falsely implicated in this case on account of village parti- bandi and enmity. The applicants have no role to play in the commission of the offence. He submits that general role of assault has been assigned against all the accused persons including the present appellants. Under the similar circumstances coaccused Lala @ Banarasi has been admitted to bail by coordinate Bench of this Court on 20.1.2020 in Criminal Miscellaneous Bail Application No.3108 of 2020. All the injuries are in the nature of contusion. In case, the applicants are admitted to bail, there are no possibility of absconding or misusing the liberty of bail.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and 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 witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicants- Arjun and Suraj- involved in case crime no.272 of 2019, under Sections 304, 323, 504, 506, 427 IPC, Police Station Lalganj, district Basti be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 8.6.2021
Raj
1 issue framed by the court
Whether bail should be granted to the applicants charged with offences under Sections 304, 323, 504, 506, 427 IPC.
Arjun And Another
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
