Allowed

Balla Ram and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC5 Jan 2024BAIL/103/2024

Case brief

AI extract

What is this about?

The court allowed a bail application for two accused persons implicated in a criminal of affray and assault. The court held that no specific role was assigned to the applicants and they have no criminal antecedents, deciding that their presence can be secured via conditional bail.

What did the court decide?

Release of applicants on personal bond with two sureties subject to conditions regarding witness tampering, cooperation in trial, and no further criminal activity.

Balla Ram and Another vs State of U.P. Thru. Prin. Secy… — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:1427

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 103 of 2024

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Applicant :- Balla Ram And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Counsel for Applicant :- Pankaj Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned AGA informs that he has procured complete instructions in the matter including upto date case diary and charge sheet in this case has already been submitted.

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Heard Shri Pankaj Kumar Gupta, learned counsel for the accused/applicants as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicants- Ball Ram and Ram Kumar for grant of bail, in Case Crime No. 216/2017, under Sections 147, 148, 149, 504, 506, 323, 324, 308 IPC, Police Station Hargaon, District Sitapur, during trial.

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Learned counsel for the accused-applicants while pressing the bail application submits that it is a case of false implication and the applicants have not committed any offence as claimed by the prosecution.

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It is further submitted that the FIR of this case has been lodged against 7 named accused persons and general role of assault has been assigned to all the accused persons except Hargovind pertaining to whom injured Sarvesh Kumar has stated that accused- Hargovind has assaulted him with a 'banka' on his head and fatal injury / grievous injury has also been found on the head of the injured/ informant Sarvesh Kumar.

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It is vehemently submitted that no overt act or specific role has been assigned to the instant applicant and the fatal injury sustained by the informant Sarvesh Kumar has been attributed to Hargovind and other injured persons, namely, Km. Mohinit Devi and Ram Beti have either sustained minor injuries.

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It is further submitted that the applicants are in jail in this

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case since 17.11.2023 and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty. Charge sheet in this case has already been submitted. The three ladies, namely, Babli, Gomti and Smt. Manojani to whom allegation has been levelled, have been granted bail by the Coordinate Benches of this Court, vide orders dated 7.12.2023 and 15.12.2023 passed in Crl. Misc. Bail Applications No. 14445 of 2023 and 14796 of 2023, respectively. The applicants are not having any criminal antecedent.

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Learned A.G.A. on the other hand submits that the applicants are accused of committing heinous offence, therefore, they are not entitled to be released on bail.

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Having heard learned counsel for the parties and having perused the record, it is reflected that general role of assault has been attributed to all the accused persons, named in the FIR, however, specific role of assault with 'Banka' on head of injured Sarvesh Kumar has been attributed to one co-accused Hargovind. The fatal injury has been found on the forehead of Sarvesh Kumar and other injured persons have sustained minor injuries No specific role or overt act has been assigned against the applicant. Three ladies, namely, Babli, Gomti and Smt. Manojani have been granted bail by the Coordinate Benches of this Court. The applicants are in jail in this case since 17.11.2023 and they are not having any criminal history. Charge sheet in this case has already been submitted. Their presence may be secured before the trial court by placing adequate conditions.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Balla Ram and Ram Kumar involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without

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seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case.

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Order Date :- 5.1.2024 Muk

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Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench

Balla Ram and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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Balla Ram and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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