Bail application filed by the applicant charged under Section 304 IPC. The High Court granted bail after finding it a fit case, subject to conditions ensuring trial attendance and non-interference with witnesses.
Applicant released on bail on personal bond and two sureties subject to conditions of attending trial and not tampering with witnesses.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35553 of 2021
Applicant :- Lokesh Som Opposite Party :- State of U.P. Counsel for Applicant :- Jagdish Prasad Mishra,Amit Rai,Sanjay Singh,Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.,Yogendra Singh Bohra
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant, Lokesh Som , who is involved in Case Crime No. 38 of 2021, under Sections 304 of IPC, Police Station Chahapar, District Muzaffarnagar.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. He further submits that the co-accused Rahul is a driver and the applicant is cleaner of the truck. Only on the basis of being a cleaner of the truck bearing truck no. DCM UP 15DT4929. Present applicant has been falsely implicated in the present case by the informant and other persons, who were having enmity with the applicant. It is submitted by learned counsel for the applicant that there is no criminal history against the applicant. It is further submitted that similarly placed co-accused, Rahul, has already been enlarged on bail by this Court by order dated 06.07.2022 passed in Criminal Misc. Bail Application No. 6433 of 2022. It is further submitted that the applicant is languishing in jail since 01.07.2021, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be fit case for granting bail.
In view of the above, let the applicant Lokesh Som be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 3.11.2022 Neetu
Digitally signed by NEETU SINGH Date: 2022.11.05 16:36:27 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the statutory conditions for bail are satisfied in the circumstances of the present case.
Lokesh Som
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
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