Shatrohan @ Shatrughan Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko.

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Neutral Citation No. - 2024:AHC-LKO:80958

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1578 of 2024

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Applicant :- Shatrohan @ Shatrughan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko.

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Counsel for Applicant :- Askari Husain Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.106 of 2022, under Sections 364, 302, 201, 34 I.P.C., P.S. Kamrauli, District Amethi.

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As per the prosecution case, it is alleged that on 11.07.2022 brother of the informant Ram Singh went to the house of Satroghan for purchasing the chicken chicks and in lieu thereof Ram Singh sent Rs.1,30,000/- in the bank account of Satroghan. Satroghan withdrew that amount from Canera Bank, Jagdishpur and gave to his brother and both went to the house of the Satroghan at Saraialam. From there at about 4 o'clock Satroghan went along with his brother Ram Singh and since then Ram Singh is missing.

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Learned counsel for applicant submits that he is innocent and has been falsely implicated in this case. There is no evidence against the present applicant except the confessional statement of the co-accused and the joint recovery of cash on the pointing out to which there is no independent witness. Coupled with the recovery of Rs. 10,620/- he submits that last seen evidence is against the co-accused. He submits that the applicant is in jail since 18.07.2022.

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Learned counsel for the applicant submits that the co-accused Ram Dheeraj who was assigned similar role has been enlarged on bail by this Court vide order dated 05.01.2024 passed in criminal misc. bail application No. 13432/2023.

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Learned A.G.A. has opposed the bail application.

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On due consideration to the fact that it is a case of circumstantial evidence; except the confessional statement of co-accused, there appears to be prima facie no material against

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the applicant; co-accused Ram Dheeraj who was assigned similar role has been enlarged on bail, coupled with the fact that the applicant is languishing in jail since 18.07.2022 without having any criminal antecedent and without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed.

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Let the applicant Shatrohan @ Shatrughan be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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

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Order Date :- 4.12.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Shatrohan @ Shatrughan v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

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Shatrohan @ Shatrughan v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

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