The High Court of Judicature at Allahabad allowed bail to Baburam in Case Crime No.85 of 2022 involving offenses under Sections 352, 323, 506, 307 IPC, finding sufficient grounds for bail despite opposition from the State and informant.
Release on bail by furnishing a personal bond and two sureties each, subject to specific conditions.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32481 of 2022
Applicant :- Baburam Opposite Party :- State of U.P. Counsel for Applicant :- Dharmaveer Singh,Saroj Kumar Dubey Counsel for Opposite Party :- G.A.,Pramod Pathak,Vishwanath Mishra
Hon'ble Deepak Verma,J.
Supplementary affidavit, filed today, is taken on record.
Heard learned counsel for the applicant; learned counsel for the informant; Sri Ram Adhar Ram, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.85 of 2022, under Sections 352, 323, 506, 307 I.P.C., P.S. Sikriganj, District Gorakhpur, during pendency of trial.
The allegation in the F.I.R. is that on 12.05.2022 the applicant and his wife started to block the way by pouring soil, when the informant and his wife tried to protest the same, the applicant and other co-accused assaulted them with spade.
It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. The applicant is neighbour of informant. The role of causing injury has been assigned to co-accused Rahul Gupta. Role of exhortation has been assigned to the applicant. The applicant has one case of criminal history which is explained in supplementary affidavit and it is stated that in the alleged case, final report has been submitted. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 02.06.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. and counsel for the informant vehemently opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and
without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Baburam, who is involved in the 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 27.9.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.09.29 14:16:06 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether to grant bail to the applicant in a case involving offenses under Sections 352, 323, 506, 307 IPC during the pendency of trial.
Whether the applicant's bail conditions can ensure cooperation and prevent tampering with evidence.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶12
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
Baburam
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
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