Allowed

Ramaasrya v. State of U.P.

Allahabad HC25 May 2022BAIL/21056/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application in a murder case under Section 304 IPC. Finding the applicant's role to be merely catching hold, the court granted bail subject to strict conditions including personal appearance, prohibition of adjournments, and furnishing bond and sureties.

What did the court decide?

Applicant released on bail with personal bond and two sureties subject to conditions of attendance, non-tampering, and specific appearance requirements.

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

¶1

Court No. - 44

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21056 of 2022

¶3

Applicant :- Ramaasrya Opposite Party :- State of U.P. Counsel for Applicant :- Rammani Giri Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ashwani Kumar Mishra,J.

¶5

Heard learned counsel for the applicant and learned AGA for the State and perused the record.

¶6

The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 123 of 2022, under Section 304 IPC, Police Station Madnapur, District Shahjahanpur.

¶7

As per the FIR allegation informant's brother has been attacked with danda by co-accused Pawan Mishra after a fight took place between the parties in respect of saving standing crops in the field from cattles. Role assigned to applicant alongwith Ashok and Chaman is of catching hold. As per postmortem report cause of death is ante-mortem injuries by blunt object since the deceased has suffered lacerated wound on his head. Total number of four injuries are found on the body of the deceased and all of which are by blunt object.

¶8

Counsel for the applicant submits that the role assigned to the applicant is of catching hold and the main allegation of inflicting injuries is against Pawan Mishra. It is also contended that criminal history of the applicant in two cases has been explained which relates to offences committed in the year 1984 and in both the cases the applicant has been bailed out or exonerated. It is further argued that the applicant is in jail since 15.03.2022 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.

¶9

Learned AGA opposes the bail application but facts as have been urged on behalf of the applicant are not seriously disputed.

¶10

Having considered the respective submissions advanced; perused the materials placed on record; and considering the role of applicant of catching hold, the applicant is entitled to be released on bail, at this stage. Above observations made in the

¶11

bail order shall, however, not be construed as expression of opinion, on the merits, at the stage of trial.

¶12

Let the applicant - Ramaasrya 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:-

¶13

i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

¶14

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.

¶15

(iii) 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. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶16

(iv) The applicant 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

(v) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

¶18

(vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶19

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.

¶20

Accordingly, the present bail application is allowed.

¶21

It is made clear that grant of bail to the applicant would not constitute any parity in favour of main accused.

¶22

Order Date :- 25.5.2022 Ashok Kr.

¶23

Digitally signed by ASHOK KUMAR Date: 2022.05.26 15:09:17 IST Reason: Location: High Court of Judicature at Allahabad

Ramaasrya v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ramaasrya 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Govind @ Chhotu Vs State of U.P. and 3 Others

Sumit Vs State of U.P. though Principal Secretary (Home) and 3 others

Rakesh Vs State of U.P.

Vimal Yadav @ Villa Vs State of U.P.

Shiv Lal and Another Vs State of U.P.

Vineet Alias Tinku Vs State of U.P.