A single bench hearing a bail application under Sections 147, 148, 149 and 307 IPC granted bail to the applicant, relying on parity with co-accused already released and absence of opinion on case merits.
Release on bail via personal bond and two sureties subject to standard conditions.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10541 of 2022
Applicant :- Radheyshyam @ Radhey Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Srivastava,Ravi Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 468 of 2021, under Sections 147, 148, 149 and 307 IPC, Police Station-Sikandra Rao, District Hathras.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is further submitted that the general allegations have been leveled against the accused named in the FIR and the role has been assigned by the prosecution to the applicant is causing injury to the injured with fire arm. There is no firearm injury and the injuries sustained are simple in nature. It is submitted that the other co-accused Mahesh and Kuldeep, who have already been released on bail by this Court vide order dated 10.03.2022 passed in Criminal Misc. Bail Application No.5330 of 2022. Accordingly, the applicant is also entitled for bail on the ground of parity. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 29.10.2021.
Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused have already been released on bail and the role to the applicant had been assigned was causing firearm injury, which has not been indicated in the injury report.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that co-accused have already been released on
bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant - Radheyshyam @ Radhey be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 5.5.2022 Ashish Pd.
Digitally signed by ASHISH PRASAD Date: 2022.05.07 14:32:01 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail being a fit case considering co-accused have already been released on bail.
Whether the applicant will abide by the conditions imposed by the Court for the grant of bail.
Radheyshyam @ Radhey
Saurabh Lavania
Ashish Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
