Allowed

Raghuvir Singh @ Bhola Singh v. State of U.P. Thru. Addl. Chief Secy. Lko.

Allahabad HC29 May 2024BAIL/5737/2024

Case brief

AI extract

What is this about?

Bail application in a case of alleged group assault on a family with simple injuries and general allegations against eight accused. Charge sheet filed; applicant explained criminal antecedents. Court granted bail on personal bond with two sureties and standard conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties each in like amount, subject to conditions including no tampering with evidence and presence at trial.

Raghuvir Singh @ Bhola Singh vs State of U.P. Thru. Addl… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:65961

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5737 of 2024

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Applicant :- Raghuvir Singh @ Bhola Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Lko. Counsel for Applicant :- Raghvendra Singh,Brijesh Kumar Singh,Sheo Prakash Singh 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, learned AGA for the State and perused the record.

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In the prosecution case, it is alleged that on 16.06.2020 at about 8:30 pm while the father of the complainant was having dinner at home, the accused persons named in the FIR armed with hocky, rod, illegal weapon, sharp edged weapon entered into the house of the complainant and by hurling abuses started beating his father. When other family members came to rescue him, they have also been beaten by the accused persons and believing them died, the accused person went away. 112 and 108 numbers were dialed and the injured were taken to the hospital.

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Learned counsel for the applicant submits that the applicant by inviting attention towards the injury report of the injured has submitted that 8 persons are accused of causing injury to 8 injured persons. General role of assault has been levelled in the prosecution case. In the statement of the injured witnesses all the injuries received by the injured are simple in nature. It is not clear that who has caused which injury. The applicant has explained his criminal history in the bail application and in the rejoinder affidavit. The applicant is languishing in jail since 30.01.2024.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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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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On due consideration to the fact that charge sheet in the matter has been filed; general allegations have been levelled on all the assailants; as per the statements of the injured witnesses, all the injuries received by the injured are simple in nature; the applicant has explained his criminal antecedent, coupled with the fact that the applicant is languishing in jail since 30.01.2024 without having any criminal history and without expressing any opinion on the 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 involved in Case Crime No. 201/2020, under Sections 452/323/325/308/504/506/427/188/269 IPC, Police Station - Jagdishpur, District - Amethi, 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 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 :- 23.9.2024 R.C.

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

Raghuvir Singh @ Bhola Singh v. State of U.P. Thru. Addl. Chief Secy. Lko.

Case brief

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Raghuvir Singh @ Bhola Singh v. State of U.P. Thru. Addl. Chief Secy. Lko.

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