Radhey Shyam and Another Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

Radhey Shyam and Another Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants Radheyshyam and Krishna to be released on bail in Case Crime No. 34 of 2020 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the conditions that they will not tamper with evidence or influence any witness during the trial and will appear before the trial court on dates fixed unless personal presence is exempted.

Issue for consideration

Whether the applicants Radhey Shyam and Krishna are entitled to be enlarged on bail in Case Crime No. 34 of 2020, Police Station Mansukhpura, District Agra, under Sections 323, 325, 308, 504, 506 IPC.

Court's answer

The bail application is allowed and the applicants Radheyshyam and Krishna are to be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each, without making any observations on the merits of the case.

Ratio / Principle

Bail is subject to conditions: (i) the applicants will not tamper with the evidence or influence any witness during the trial; and (ii) the applicants will appear before the trial court on the date fixed, unless personal presence is exempted.

Detailed headnote1 paragraphs

Allahabad High Court (Ajay Bhanot, J.) allowed the bail application of Radhey Shyam and Krishna, in custody since 25.11.2022, in Case Crime No. 34 of 2020, P.S. Mansukhpura, District Agra, under Sections 323, 325, 308, 504, 506 IPC; the trial court had rejected their bail on 03.12.2022. Grounds urged and not satisfactorily refuted: applicants not identified as the principal offender who inflicted grievous injury; vague and general role; cross case in which the informant's party attacked the applicants and their son was grievously injured; no exceeding of the right of self defence; parity with co-accused Shyam Sundar, granted bail by this Court on 14.12.2021 in Criminal Misc. Bail Application No. 42488 of 2021; no other criminal history; not flight risk, cooperative and unlikely to influence witnesses, tamper with evidence or reoffend. Bail ordered on personal bond and two sureties each, with conditions against tampering with evidence or influencing witnesses and to appear before the trial court on dates fixed; no observations made on merits.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57093 of 2022

Applicant :- Radhey Shyam And Another Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A.,Kuldeep Singh Chahar

Hon'ble Ajay Bhanot,J.

By means of this bail application the applicants has prayed to be enlarged on bail in Case Crime No.34 of 2020 at Police Station-Mansukhpura, DistrictAgra under Sections 323, 325, 308, 504, 506 IPC. The applicant is in jail since 25.11.2022.

The bail application of the applicants was rejected by the learned trial court on 03.12.2022.

The following arguments made by Shri Pankaj Dwivedi, learned counsel on behalf of the applicants, which could not be satisfactorily refuted by Shri Kuldeep Singh Chahar, learned counsel for the informant and Shri Markandey Singh, learned AGA from the record, entitle the applicant for grant of bail:

(1). The applicants have not been identified as the principal offender who inflicted grievous injury on the injured.

(2). Vague and general role has been assigned to the applicants.

(3). This is a cross case.

(4). The incident occurred when the informant's party attacked the applicants. The son of the applicants was grievously injured in the said assault.

(5). The applicants did not exceed his right of self defence.

(6). The applicants claims congruency in role and seeks parity in relief granted to the co-accused, namely, Shyam Sundar who has been granted bail by this Court on 14.12.2021 in Criminal Misc. Bail Application No.42488 of 2021.

(7). Apart from the instant case, the applicants do not have any criminal history.

(8). The applicants are not flight risk. The applicants being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of their influencing witnesses, tampering with the evidence or reoffending.

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

Let the applicants-Radheyshyam and Krishna be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the

court below. The following conditions be imposed in the interest of justice:-

(i) The applicants will not tamper with the evidence or influence any witness during the trial.

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

Order Date :- 6.1.2023 Ashish Tripathi

Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad