This bail application was allowed. The High Court, perceiving no objection initially on merits, granted release to the applicant upon furnishing a bond with sureties and complying with standard conditions to ensure trial conduct and non-tampering with evidence.
Release on bail with personal bond and two sureties on specified conditions.
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Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11301 of 2022
Applicant :- Saheb Sahni Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Supplementary afÏdavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 34 of 2022, under Sections 287 and 304 I.P.C., Police Station - Bilaspur, District - Rampur, with the prayer to enlarge him on bail.
Counsel for the applicant submits that the applicant is a Contractor working in the Factory and that the death of the deceased due to burn injuries was on account of his having consumed liquor and staying close to the machine in order to save himself from extreme cold conditions. Attention of the Court has been invited to the statement of one Nanhe in that regard. It is further submitted that even otherwise the death at best could be said to be accidental and there is neither any material nor even any suggestion that on account of any intentional act of the applicant the death of the deceased had occurred. Learned counsel further submits that the investigation has already concluded and a chargesheet has been filed and the applicant is in jail for nearly six months. It is lastly argued that the applicant has no prior criminal history and is in jail since 20.1.2022 and the trial is not likely to conclude shortly and that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial.
Learned AGA has opposed the prayer made in the bail application.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and perusing the material brought on record, without expressing any opinion on merits of the case, prima facie it is a fit case for grant of bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant- Saheb Sahni involved in aforesaid case 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, which are being imposed in the interest of justice:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 24.6.2022 Ranjeet Sahu
Digitally signed by RANJEET SAHU Date: 2022.06.24 18:08:13 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is fit to be granted bail in a case under Sections 287 and 304 IPC.
Saheb Sahni
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
