Single judge allowed a criminal bail application in a cross-case offense against Sections 147, 323, 325, 308, 354, 504, 506 IPC. Applicant released on personal bond and sureties subject to standard bail conditions.
Applicant released on bail by furnishing a personal bond and two heavy sureties, each in the like amount.
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Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39391 of 2022
Applicant :- Ram Karan Opposite Party :- State of U.P. Counsel for Applicant :- Sachida Nand Tripathi Counsel for Opposite Party :- G.A.,R S Dubey,Savita Dubey
Hon'ble Nalin Kumar Srivastava,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The Court record the absence of Shri R.S. Dubey and Ms. Savita Dubey, learned counsel for the private respondent.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed any offence. Alleged offences are not made out against the applicant. The allegations made in the F.I.R. are false. Applicant has been languishing in jail since 04.07.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail.
From the perusal of record, it reveals that general role has been assigned to all the accused persons. It has been submitted that it is cross case and the case lodged on behalf of the accused persons, the accused side has also got injuries. Grounds taken in the bail application are sufficient. Hence, keeping in view the nature of the offence, evidence, complicity of accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 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 Ram Karan involved in Case Crime No. 145 of 2022 under Sections 147, 323, 325, 308, 354, 504, 506 IPC, Police Station Pipiganj, District Gorakhpur be released on bail on furnishing a personal bond and two heavy 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, the prosecution shall be at liberty to move bail cancellation application before this Court.
Submission and observation recorded in the matter are only for the purpose of deciding the bail application. Trial court shall not be influenced in any way with the said observation / submission while deciding the trial.
Order Date :- 14.10.2022
Bhanu
Digitally signed by BHANU PRATAP KUSHWAHA Date: 2022.10.19 12:49:18 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant qualifies for bail under the satisfied grounds and absence of case specifics requiring refusal.
Whether the submissions regarding the nature of offences and injuries to the accused support the bail plea.
Whether bail can be granted in an ordinary criminal case without expressing an opinion on the merits of the case.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherDistinguished¶9
Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Ram Karan
Nalin Kumar Srivastava
Bhanu Pratap Kushwaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Nalin Kumar Srivastava and Bhanu Pratap Kushwaha
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