Allowed

Ram Avatar v. State of U.P.

Allahabad HC14 Dec 2022BAIL/27899/2022

Case brief

AI extract

What is this about?

This bail application under Section 439 Cr.P.C. seeks release during trial for alleged offences involving death. The court finds it a fit case for bail subject to strict conditions regarding presence in court, attendance at evidence, and compliance with interim orders.

What did the court decide?

Release on bail subject to deposit of bonds with sureties and compliance of strict attendance conditions.

Ram Avatar Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27899 of 2022

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Applicant :- Ram Avatar Opposite Party :- State of U.P. Counsel for Applicant :- Harsh Vardhan Deshwar,Garun Pal Singh Counsel for Opposite Party :- G.A,Kailash Prasad Pandey

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Hon'ble Shekhar Kumar Yadav,J.

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

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in Case Crime No. 76 of 2022, under Sections 323, 504, 304 IPC, P.S. Shergarh, District Mathura.

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As per contents of FIR, on 18.3.2022 at around 1.30 p.m. the applicant and three other co accused persons came to the house of the informant to play Holi and started abusing and when they were asked to stop doing so, they started beating them with lathies, thereafter, neighbours came and made efforts to stop them. One Chandrawati received serious injury who died subsequently.

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It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is contended that as per postmortem report there is only one single injury. It is further submitted that no specific role is assigned to any of the persons. It is further submitted that three co accused persons namely Omkar @ Aunkari, and Shyam Sundar and Sanjay have already been enlarged on bail by this Court vide orders dated 28.06.2022 and 7.09.2022 passed in Criminal Misc Bail Application Nos. 25521 of 2022 and 34926 of 2022 respectively. Applicant is in jail since 24.3.2022 and has no criminal history.

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On the other hand, learned A.G.A. opposes the application for bail. He submits that the investigation is now complete and the charge sheet has been filed.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

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Let the applicant- Ram Avatar, who is involved in aforementioned 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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

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accordance with law.

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(ii) 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 IPC.

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(iii) 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., may be issued and if 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 IPC.

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(iv) The applicant shall remain present, in person, before the Trial Court on 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.

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(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 14.12.2022/RavindraKSingh

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Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.12.15 10:29:13 IST Reason: Location: High Court of Judicature at Allahabad

Ram Avatar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ram Avatar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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