Allowed

Ram Naresh v. State of U.P.

Allahabad HC10 Jun 2021BAIL/12796/2021

Case brief

AI extract

What is this about?

This single judge bench of the Allahabad High Court disposed of a bail application filed by Ram Naresh. Relied upon the Supreme Court decision in Dataram Singh, the Court allowed the application and granted bail, imposing strict personal bond conditions without referencing specific IPC sections as controlling statutory provisions for the bail order itself.

What did the court decide?

Applicant released on bail by executing personal bond and two sureties.

Ram Naresh Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

¶1

Court No. - 44

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12796 of 2021

¶3

Applicant :- Ram Naresh Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Kushwaha,Om Narayan Pandey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Shamim Ahmed,J.

¶5

The Court has convened through Video Conferencing.

¶6

Heard learned counsel for parties and perused the record.

¶7

Applicant has moved the present bail application seeking bail in Case Crime No. 759 of 2020, under Sections 323, 504, 506, 352, 308, 325 I.P.C., P.S. Kanth, District Shahjahanpur.

¶8

Learned counsel for the applicant submits that the applicant is a innocent person and he is not named in the FIR and his name has surfaced as accused during the course of investigation. Learned counsel for the applicant further submits that the applicant has been falsely implicated by the informant due to malafide intention and the name of the applicant find placed after recording the statement under Section 161 Cr.P.C. whereas the applicant has no concern with the alleged incident. In paragraph 4 of the affidavit filed in support of the bail application, learned counsel for the applicant stated that as per the prosecution case, incident took place on 06.11.2020 at 7:00 P.M. and a false and concocted FIR has been lodged highly belated after 04:40 hour at 21:40 P.M. against one dead personSumit Kumar. The applicant is a poor labour and has no concern with the alleged incident. Learned counsel for the applicant further submitted that the named accused namely Ram Niwas and Vrijkishor were granted bail by this Court vide orders dated 2.6.2021 passed in Criminal Misc. Bail Application No. 17536 of 2021 and the case of the applicant is not on the worst footing than that of co-accused Ram Niwas and Vrijkishor, therefore the applicant is also entitled to be enlarged on bail on the ground of parity.

¶9

Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of

¶10

the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 15.11.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

¶11

Learned A.G.A.has opposed the bail application.

¶12

After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also in the absence of any convincing material to indicate the possibility of tampering with the evidence and larger mandate of Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, reported in (2018) 3 SCC 22 , this Court is of the view that the applicant may be enlarged on bail.

¶13

The prayer for bail is granted. The application is allowed.

¶14

Let the applicant- Ram Naresh involved in 759 of 2020, under Sections 323, 504, 506, 352, 308, 325 I.P.C., P.S. Kanth, District Shahjahanpur, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-

¶15

(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.

¶16

(2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.

¶17

(3) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶18

(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶19

(5)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court,

¶20

Allahabad.

¶21

(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing

¶22

It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

¶23

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

¶24

Order Date :- 10.6.2021 SA

Ram Naresh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ram Naresh 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

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Shahadat Vs State of U.P

Akram Vs State of U.P.

Mehran Vs State of U.P.

Vikki @ Vikrant Vs State of U.P.

Shailendra @ Sheelu Vs State of U.P.

Suman Vs State of U.P.