This bail application was allowed. The court held that the applicant had made out a case for bail, granting release on a personal bond and sureties subject to specific conditions without expressing an opinion on the merits of the case.
Release on bail subject to a personal bond and two sureties with conditions to not tamper with evidence or intimidate witnesses.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22892 of 2022
Applicant :- Saremnath Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Tirpathi,Nimesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in this case. The field of this applicant and co-accused Sunil and Sujeet was surrounded with wire in which current was flowing for protection of crops. The deceased Shiva came in contact with the wires and got electrocuted. It is also submitted that applicant never intended to commit murder of any person. He was only worker in the field which was taken by co-accused person on Batai. None had seen him while flowing the current in the wire fixed for the protection of the crops in the field. There is no criminal history against him. He is languishing in jail since 20.04.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA opposed the prayer for bail.
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.
Let the applicant Saremnath involved in Case Crime No. 60 of 2022, under Sections 304 and 338 I.P.C., P.S. Zafrabad, District Jaunpur 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 29.8.2022 T.S.
Digitally signed by TRIBHUWAN SINGH Date: 2022.09.01 17:34:14 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving Sections 304 and 338 I.P.C.
Whether the adverse circumstances of bail application are met in the present case
1 provisions across 1 enactments
Saremnath
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
