In a bail application, the Court, without expressing an opinion on merits, allowed the bail petition of Om Prakash charged with affray and grievous hurt, subject to standard conditions including personal bond and sureties.
Release on personal bond and two sureties subject to conditions prohibiting tampering with evidence or witnesses and appearing in trial.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33696 of 2022
Applicant :- Om Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Srivastava Counsel for Opposite Party :- G.A.,Hardev Singh
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A for the State and perused the record.
It is submitted in this case that the applicant has been falsely implicated for causing injury to the deceased Nand Lal alongwith other co-accused persons seven in number with general allegation of committing maarpeet with lathi, danda and axe. Further submitted that no specific role has been assigned to the applicant and no any injury caused with axe was found on the person of the deceased except abrasion and contusion. It is also submitted that after seven days of alleged incident the deceased died during treatment as a result of cardiac arrest but. Injuries were not immediate cause of his death. There is no criminal history against the applicant. He is languishing in jail since 30.05.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA as well as learned counsel for the complainant have opposed the prayer for bail and urged that in this case the deceased succumbed to injury which were caused by this applicant and other co-accused persons, therefore, he is not entitled 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 Om Prakash involved in Case Crime No. 76 of 2022, under Sections 147, 323, 325, 504, 506, 427, 435, 304 I.P.C., P.S. Kheta Sarai, 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 :- 12.9.2022 Mini
Digitally signed by MINI KANAUJIYA Date: 2022.09.14 10:51:14 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving affray causing grievous hurt aggravated by use of Armed Forces Act.
Om Prakash
State of U.P.
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
