Ramprasad Alias Balla v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. U.P. Lko.
Case brief
What is this about?
Allahabad High Court, Lucknow Bench (Karunesh Singh Pawar, J.), order dated 22.02.2024 in Criminal Misc. Bail Application No. 1704 of 2024 — bail allowed to Ramprasad alias Balla in Case Crime No. 333 of 2023 under Sections 302/323/506/34 IPC, P.S. Maharajganj, District Raebareli (alleged murder of Lal Bahadur); defence contention that applicant's role was limited to standing nearby and exhortation, distinct from assaulting co-accused Hemraj, Desraj and Santosh; in custody since 24.09.2023; charge-sheet filed; bail granted without opinion on merits, subject to conditions invoking Sections 229-A IPC, 82 Cr.P.C. and 174-A IPC.
What did the court decide?
Applicant Ramprasad Alias Balla to be released on bail in Case Crime No. 333 of 2023 on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court, subject to conditions: (i) no tampering with evidence during trial; (ii) no pressurising/intimidating prosecution witnesses; (iii) no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure; (iv) undertaking not to seek adjournments on dates fixed for evidence when witnesses are present, default being treated as abuse of liberty of bail; (v) presence before the trial court on each date fixed personally or through counsel, absence without sufficient cause permitting action under Section 229-A IPC; (vi) misuse of bail attracting proclamation under Section 82 Cr.P.C. and proceedings under Section 174-A IPC on failure to appear.