Raj Kumar Saroj Vs State of U.P. Thru. Prin. Secy. Home Lko.

¶1

Court No. - 27

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9135 of 2022

¶3

Applicant :- Raj Kumar Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.

¶4

Counsel for Applicant :- R.B.S. Rathaur,Akhil Pratap Singh

¶5

Counsel for Opposite Party :- G.A.

¶6

Hon'ble Shree Prakash Singh,J.

¶7

Heard learned counsel for the applicant, Sri Bishwa Nath Nishad, learned A.G.A. for the State and perused the record.

¶8

Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 70 of 2022, under Section 307 IPC, Police StationHathigawan, District Pratapgarh.

¶9

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the instant case. He next added that the applicant has no previous criminal history except one case which pertains to instant matter. He submits that there is no cogent piece of evidence so as to connect him in the instant matter. He next added that injuries of fire arm is not on vital part of the body of the injured. He further added that though incident is said to be taken place at marriage ceremony and while filing the charge sheet, no such evidence pertaining to any videography of the aforesaid incident or photograph could be collected by the investigating officer. He also added that since due to ceremonial firing, it was hit to the injured and there was no criminal intent for opening firing over the injured. He added that in fact the statement of one of the family member also indicates that he could not see the aforesaid incident, though he was present at the time of site of the incident. He further added that ingredients of Section 307 IPC does not attract in the instant matter. The applicant is a law abiding citizen and he is languishing in jail since 16.04.2022. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

¶10

On the other hand, learned A.G.A. for the State

¶11

vehemently opposed the contention aforesaid and submits that the the applicant is sole accused and he has opened fire over the injured and injured has received serious injuries over lower back side of the body and supplementary injury report also corroborates the story of prosecution as such he is not entitled to be released on bail.

¶12

Having heard the learned counsel for the parties and after perusal of record, it is evident that there is no criminal history of the applicant; there is no independent public eye witness of the aforesaid firing; this could not be ascertained that the firing was done by the present applicant and the injuries are not on vital part of the body of the injured; there is no videography or photograph of the aforesaid incident and the applicant is languishing in jail since 16.04.2022.

¶13

Thus, considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and without expressing any view on the merits of the case, I find it to be a fit case for bail.

¶14

Let the applicant- Raj Kumar Saroj involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

¶15

(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

¶16

(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

¶17

(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

¶18

(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

¶19

The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

¶20

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

¶21

Order Date :- 18.11.2022 A.Kr*

¶22

Digitally signed by AJAY KUMAR Date: 2022.11.19 10:40:49 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Raj Kumar Saroj v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Raj Kumar Saroj v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Shani Chaubey @ Alok Kumar Chaubey Vs State of U.P. Thru Prin.Secy. Home Lucknow and Ors.

Raj Kishor @ Tobhu Lal Vs State of U.P. Thru.Prin.Secy. Home and 3 Others

Bhagauti Prasad Vs State of U.P. Thru. Prin. Secy. Home Lko.

Mohammad Shanu Siddiqui Vs State of U.P. Thru. Prin. Secy. Home Lko.

Anil Nishad Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Chandan Yadav Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.