Criminal Misc. Bail Application regarding a case involving assault under IPC Sections 323 and 308. The court allowed bail to the applicant based on parity with co-accused and legal precedents, subject to standard conditions.
Release on bail by furnishing a personal bond and two sureties, subject to conditions regarding attendance and conduct.
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Court No. - 93
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52196 of 2022
Applicant :- Dollar @ Ekmaeneek Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar,Manish Kumar Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
Copy of the bail order dated 20.09.2022 relating to coaccused, Iffoco, passed in Criminal Misc. Bail Application No. 38682 of 2022 has been produced by the learned counsel for the applicant in the Court today which is taken on record.
Heard Sri Manish Kumar, learned counsel for the applicant, Sri Sunil Kumar Tripathi, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Dollar @ Ekmaeneek, with a prayer to release him on bail in Case Crime No. 404 of 2022, registered under Sections 323, 308 I.P.C., Police Station- Surajpur, District- Gautam Budh Nagar, during pendency of trial.
There is allegation in the first information report dated 26.06.2022 lodged by informant, Philip Junior Magasa Mawakoop, against four named accused including applicant-accused, Dollar @ Ekmaeneek that one of the named accused, Iffoco tried to befriend the girlfriend of Achilee Guegang but she ignored the accused. That's why the accused persons had enmity with Achilee Guegang. When the aforesaid Achilee Guegang wanted to go at some other place and when he had gone out to take a vehicle, the accused persons ambushed him on 25.06.2022 at 2 a.m. and hit him with lathi and danda. On hearing the noise made by Achilee Guegang, the informant, witness Ajack and other people of the society reached there and found Achilee Guegang unsconscious. The accused persons on seeing the informant and other people ran away from there. Injured Achilee Guegang was hospitalized in Kailash Hospital, Greater Noida in serious state and is under treatment.
Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present case. It is next submitted that no specific role has been assigned by the injured to the applicant. The injuries inflicted on the injured are simple in nature. It is further submitted that identically circumstanced coaccused, Iffoco, has been enlarged on bail by coordinate Bench of this Court vide order dated 20.09.2022 passed in Criminal Misc. Bail Application No. 38682 of 2022. The case
of the applicant stands on identical footing and the applicant is also entitled to bail on the ground of parity. The applicant is languishing in jail since 14.07.2022 and has no criminal history to his credit. In case the applicant is released on bail, he will not misuse the liberty.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. However, he could not deny the submissions made on behalf of the applicant.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties, the nature of allegations, the gravity of offence, the fact that identically circumstanced co-accused, Iffoco, has been enlarged on bail by coordinate Bench of this Court, larger mandate of Article 21 of the Constitution of India, as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , the Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Dollar @ Ekmaeneek, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 24.11.2022 KS
Digitally signed by KISHAN SINHA Date: 2022.11.24 17:43:01 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, Dollar @ Ekmaeneek, is entitled to bail considering the gravity of offences and parity with co-accused on bail.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P.Relied on¶12
Dataram Singh Vs. State of U.P. and another (2018) 3 SCC 22 · Who else cites this
Dollar @ Ekmaeneek
Surendra Singh
Kishan Sinha
As recorded by the court registry
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