Ramsamujh Rajbhar Vs State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48901 of 2022

Applicant :- Ramsamujh Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Amarjeet Yadav,Vivek Singh Counsel for Opposite Party :- G.A.,Rajkapoor Upadhyay

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Vivek Singh, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 263 of 2022, under Sections 323, 504, 506, 308 IPC, Police Station Tarwa, District Azamgarh during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.09.2022 against four named accused persons, including the applicant, his two brothers and son, alleging that on 22.09.2022 at about 8:00 p.m., all the accused persons had beaten up the informant and his friend Suneet Singh causing serious injuries on the head of Suneet Singh and injuries in back, waist and legs of the informant.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case and that he has no criminal history.

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As per the medico legal examination reports of both the injured persons, all the injuries suffered by them are simple in nature. In the statement of the injured person, he has reiterated the F.I.R. version.

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The learned counsel for the applicant has submitted that the applicant's brother and co-accused Ramanand Rajbhar has been granted bail by means of an order dated 06.12.2022 passed by this Court in Criminal Misc. Bail Application No. 49415 of 2022.

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The applicant is languishing in jail since 28.09.2022.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.

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Having considered the aforesaid facts and circumstances and keeping in view the fact that the F.I.R. assigns general allegations against all the four accused persons and no specific role has been assigned either in the F.I.R. or in the statements of the injured persons and that the injuries suffered by both the injured persons are simple in nature and that one of the coaccused person has already been granted bail, I am of the view that the applicant is entitled to be released on bail.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

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Let the applicant Ramsamujh Rajbhar be released on bail in Case Crime No. 263 of 2022, under Sections 323, 504, 506, 308 IPC, Police Station Tarwa, District Azamgarh on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 20.12.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.12.21 11:07:35 IST Reason: Location: High Court of Judicature at Allahabad

Ramsamujh Rajbhar v. State of U.P.

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Ramsamujh Rajbhar v. State of U.P.

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