Allowed

Rambali v. State of U.P. through the Principal Secretary Home, Civil Secretariat, U.P. Government Lucknow

Allahabad HC4 Apr 2023/881/2023

Case brief

AI extract

What is this about?

The court allowed the bail application of the applicant, Rambali, in a murder and assault case. The applicant was not named in the FIR but was implicated in Section 161 Cr.P.C. statements. Considering the allegations were general and co-accused were already on bail, the court granted release.

What did the court decide?

The applicant Rambali to be released on bail in Crime No. 118 of 2022 upon furnishing a bail bond and two sureties.

Rambali Vs State of U.P. through the Principal Secretary… — Bail and Remand | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 881 of 2023

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Applicant :- Rambali Opposite Party :- State Of U.P. Through The Principal Secretary Home, Civil Secretariat, U.P. Government Lucknow Counsel for Applicant :- Farooq Ayoob Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Farooq Ayoob, learned counsel for the applicant, Sri Udai Bhan Pandey, learned AGA for the State and perused the record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 118 of 2022, under Sections 302, 308, 504, 201 IPC, Police Station Baddupur, District Barabanki.

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The aforesaid case has been registered on the basis of an FIR lodged on 25.05.2022 against three named accused persons, namely, Sanjay, Shishu Pal and Satish alleging that the informant's father and her uncle had gone to the house of the co-accused Sanjay, where all the accused persons had beaten them and assaulted with sticks, iron rods and axe due to which the informant's uncle Raju died on the spot and her father Ishwar Deen became injured and he was taken to CHC Deva from where he was referred to the District Hospital Barabanki from there he was sent to Medical College, Lucknow.

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In the statement of the informant's father Ishwar Deen, he stated that Satish has been falsely implicated by his daughter and he was not involved in the incident.

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Although the FIR had been lodged by the informant on the basis of information given by her injured father and in the FIR she has not named the applicant, in her statement recorded under Section 161 Cr.P.C. she implicated the applicant and one Kailash Chandra also by stating that all these persons were involved in giving effect to the incident.

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In his statement recorded under Section 161 Cr.P.C., the informant's father Ishwar Deen stated that Satish was not involved in the incident and he has been falsely implicated. He further stated that Sanjay had hit Raju with a stick and Kailash Chandra (applicant), Shishu Pal and Rambali had beaten up the

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said witness and the deceased Raju with kicks, fists and sticks.

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

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The learned counsel for the applicant has stated that the coaccused Shishu Pal and Kailash Chandra have already been granted bail by means of the orders dated 16.03.2023 and 24.03.2023 passed by this Court in Criminal Misc. Bail Application Nos. 11223 of 2022 and 14055 of 2022 respectively.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant claimed to have lodged the FIR on the basis of information given by her injured father Ishwar Deen, the applicant was not named in the FIR; that in the subsequent statement of injured Ishwar Deen he has levelled general allegations against the applicant as also against Shishu Pal and Kailash Chandra; that no specific allegation has been levelled against the applicant and the coaccused Shishu Pal and Kailash Chandra have already been granted bail, I am of the view that the applicant is also entitled to be released on bail.

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Accordingly, this bail application is allowed .

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Let the applicant Ram Bali be released on bail in Case Crime No. 118 of 2022, under Sections 302, 308, 504, 201 IPC, Police Station Baddupur, District Barabanki on furnishing a bail bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject o following conditions:-

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(i) the applicant shall not temper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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

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Order Date :- 4.4.2023 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Rambali v. State of U.P. through the Principal Secretary Home, Civil Secretariat, U.P. Government Lucknow

Case brief

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What did the court decide?

Rambali v. State of U.P. through the Principal Secretary Home, Civil Secretariat, U.P. Government Lucknow

Case brief

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What did the court decide?

What the court decided

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