Rampal Vs State of U.P. Thru. Prin. Secy. Home Lko

Neutral Citation No. - 2024:AHC-LKO:47097

Court No. - 4

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7485 of 2024

Applicant :- Rampal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Dheerendra Kr. Agnihotri Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Dheerendra Kr. Agnihotri, learned counsel for the applicant and Sri Abhishesh Kumar Singh, learned A.G.A. for the State.

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It has been contended by the learned counsel for the applicant that the applicant is in jail since 20.8.2023 in Case Crime No. 468 of 2023 u/s 147, 148, 149, 302, 352 IPC, P.S. Hargaon, District Sitapur. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

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Attention has been drawn towards the impugned F.I.R. wherein the general allegation of assault and beating have been levelled against all the accused persons including the present applicant. The present applicant has been attributed the role of assault through lathi. However, as per the statement of the eye witness, no specific allegation has been levelled against the present applicant. Co-accused persons namely, Rampati @ Ram Kali and Pallu have been granted bail by this Court vide orders dated 16.5.2024 and 21.6.2024 in Bail applications No. 13869 of 2023 and Bail Application No. 6898 of 2024 respectively. Co-accused Pallu was having iron rod in his hand at the time of incident while the other co-accused Rampati @ Ram Kali was hav+

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ing lathi in her hand at the time of incident.

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The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that present applicant has been attributed the role of assault through lathi. However, as per the statement of the eye witness, no specific allegation has been levelled against the present applicant, co-accused persons namely, Rampati @ Ram Kali and Pallu have been granted bail by this Court vide orders dated 16.5.2024 and 21.6.2024 in Bail applications No. 13869 of 2023 and Bail Application No. 6898 of 2024 respectively. Co-accused Pallu was wielding iron rod in his hand at the time of incident while the other co-accused Rampati @ Ram Kali was wielding lathi in her hand at the time of incident and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

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Let the applicant Rampal , involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall

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initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) The applicant shall not leave the country without permission of the Court concerned.

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(Rajesh Singh Chauhan, J.)

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Order Date :- 11.7.2024 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Rampal v. State of U.P. Thru. Prin. Secy. Home Lko

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Rampal v. State of U.P. Thru. Prin. Secy. Home Lko

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