In this bail application, the Allahabad High Court granted bail to the applicant charged under various IPC sections involving an assault during an election. The court noted cross versions, injury inconsistencies, and parity with a co-accused already granted bail.
Released on bail on personal bond and two sureties subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31474 of 2022
Applicant :- Ramkrishna Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.,Dharmendra Pratap Singh
Hon'ble Mayank Kumar Jain,J.
Heard Sri Manvendra Singh, the learned counsel for the applicant, Sri Dharmendra Pratap Singh, the learned counsel for the informant, the learned Additional Government Advocate and perused the record.
The instant application has been filed seeking release of the applicant on bail in Case Crime No.130 of 2022, under Sections 147, 148, 323, 325, 307, 308, 452, 427, 504 IPC, Police Station Khaga, District Fatehpur, during pendency of the trial in the Court below.
The learned counsel for the applicant has submitted that applicant is innocent and he has been falsely implicated in the present case. It has further been submitted that there is cross version of the incident between the informant and applicant and prosecution has failed to explain the injury received by the applicant side. It has further been submitted that present F.I.R. was lodged due to election enmity. It has further been submitted that averment made in the F.I.R. against the applicant that he attacked with axe on the uncle of the informant namely Sushil Kumar. It has further been submitted that injury report of Sushil Kumar discloses laceration present on forehead above right eye and abrasion on right index finger. It has further been submitted that applicant has been assigned the role of causing injury by back side which itself shows that applicant has no intention to cause grievous injury. It has further been submitted that identically placed co-accuse Kaushal Pandey has already been granted bail by this court vide order dated 01.08.2022 passed in Criminal Misc. Bail Application No. 26385 of 2022, and therefore, the applicant is also entitled to be released on bail on the ground of parity.
The applicant is languishing in jail since 11.04.2022.
Per contra, the learned Additional Government Advocate and learned counsel for the informant haves opposed the prayer for grant of bail but they could not dispute the fact that the case set
up against the applicant is similar to that set up against the other co-accused, who has already been released on bail.
Keeping in view the aforesaid facts and circumstances of the case, I find it to be a fit case for grant of bail to the applicant in the aforesaid case.
In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .
Let the applicant Ram Krishna Pandey be released on bail in Case Crime No.130 of 2022, under Sections 147, 148, 323, 325, 307, 308, 452, 427, 504 IPC, Police Station Khaga, District Fatehpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 17.8.2022 AKT
Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.08.18 15:57:18 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant in the interest of justice considering cross versions and parity with co-accused.
Whether the allegations of election enmity and false implication warrant release on bail.
Ramkrishna Pandey
State of U.P.
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
