Allowed

Ghanshyam Rai v. State of U.P.

Allahabad HC23 Aug 2022BAIL/11396/2022

Case brief

AI extract

What is this about?

Bail application allowed. The single judge held that the applicant had made out a case for bail due to hostile prosecution witnesses, lack of criminal history, and innocence despite being roped in during investigation. Bail granted subject to conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties to the satisfaction of the court concerned subject to specified conditions.

Ghanshyam Rai Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11396 of 2022

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Applicant :- Ghanshyam Rai Opposite Party :- State of U.P. Counsel for Applicant :- Rabindra Bahadur Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Supplementary affidavit filed today by learned counsel for applicant is taken on record.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case for causing injuries to the deceased and other persons. He was not named in the F.I.R. but during investigation, he was roped in this case by the police. Further submitted that at present trial is going on and P.W.1-Shivnath Maurya (informant), P.W.2Vishwanath Maurya (injured), P.W.3- Pramod @ Rinku Kumar Sonkar and P.W.4-Akash Sonkar have turned hostile. They have not supported the prosecution case, even the injured witness has also deposed that he could not identify the assailant at the time of alleged incident. There is no criminal history against the applicant. He is languishing in jail since 26.6.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned AGA opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Ghanshyam Rai involved in Case Crime No. 350 of 2021, under Sections 147, 302, 307 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Lanka, District Varanasi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the

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trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 23.8.2022 A. Singh

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Digitally signed by ANURAG SINGH Date: 2022.08.26 11:57:25 IST Reason: Location: High Court of Judicature at Allahabad

Ghanshyam Rai v. State of U.P.

Case brief

What is this about?

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Ghanshyam Rai v. State of U.P.

Case brief

What is this about?

What did the court decide?

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