Grant of bail under Sections 323, 324, 307 IPC to Ram Prakash Kushwaha, resident of same village as victim and alleged assailant, ensuring no ground for misuse of liberty.
Release on bail subject to furnishing personal bond and two sureties and complying with specific conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4210 of 2022
Applicant :- Ram Prakash Kushwaha @ Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
It is submitted that in this case F.I.R. was lodged against unknown persons. After 21 days of incident name of the applicant was brought into light during investigation by the police on the basis of suspicion. Applicant is resident of the same village of informant and injured but at the time of lodging F.I.R. he was not named by the informant (wife of the injured) who was sleeping with her husband to whom injuries were said to be caused by this applicant. The injuries caused on the person of Prabhu Dayal are simple in nature and they are not fatal to life. There is no criminal history against the applicant. Applicant is languishing in jail since 26.12.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, 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 Ram Prakash Kushwaha @ Prakash involved in Case Crime No.0165 of 2021, under Sections 323, 324, 307 I.P.C., Police Station Baruwa Sagar, District Jhansi, 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.
witness.
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 :- 4.3.2022 Ashok Gupta
Digitally signed by ASHOK KUMAR GUPTA Date: 2022.03.07 17:10:14 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail given the nature of the offence and his conduct.
Whether the applicant will misuse the liberty of bail if granted.
1 provisions across 1 enactments
Ram Prakash Kushwaha @ Prakash
Subhash Chandra Sharma
Ashok Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
