Amresh Saroj Vs State of U.P. Thru. Addl… — Murder and Culpable Homicide | Allahabad HC (2025)

Amresh Saroj Vs State of U.P. Thru. Addl… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of applicant Amresh Saroj on bail in Case Crime No. 46 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to conditions: (i) shall not tamper with the prosecution evidence; (ii) shall not pressurize the prosecution witnesses; (iii) shall appear on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant Amresh Saroj, one of the accused in Case Crime No. 46 of 2024 under Sections 147, 148, 149, 302, 324, 506 I.P.C. at Police Station Maheshganj, District Pratapgarh, should be released on bail.

Court's answer

In view of similar allegations against all accused, prior grant of bail to co-accused Amit Saroj, the applicant's lack of criminal history and custody since 27.03.2024, the aforesaid facts are sufficient for enlargement of the applicant on bail on the ground of parity, without any observation on the merits of the case.

Ratio / Principle

Bail application allowed; applicant Amresh Saroj to be released on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to (i) not tampering with prosecution evidence, (ii) not pressurizing prosecution witnesses, and (iii) appearing on each and every date fixed by the trial court.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Subhash Vidyarthi, J.; Order Date 18.3.2025; Neutral Citation 2025:AHC-LKO:15760) granted bail to applicant Amresh Saroj in Criminal Misc. Bail Application No. 9207 of 2024 concerning Case Crime No. 46 of 2024 under Sections 147, 148, 149, 302, 324, 506 I.P.C., Police Station Maheshganj, District Pratapgarh. The case arose from an F.I.R. of 20.03.2024 alleging that the accused assaulted the informant's father with axe and farsa on 17.03.2024; the victim died during treatment at SRN Hospital, Prayagraj on 26.03.2024, postmortem attributing death to septicemic shock due to multiple organ failure, and no medico legal examination was carried out initially. Bail was allowed solely on the ground of parity: similar allegations were levelled against all accused, co-accused Amit Saroj had already been granted bail by a Coordinate Bench (order dated 15.10.2024 in Criminal Misc. Bail Application No. 9131 of 2024), the applicant had no criminal history, and was in custody since 27.03.2024, with no observation made on the merits. Release ordered on personal bond with two sureties, conditioned on non-tampering with evidence, non-pressurizing witnesses, and appearance on every trial-court date.

Neutral Citation No. - 2025:AHC-LKO:15760

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9207 of 2024

Applicant :- Amresh Saroj Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

Counsel for Applicant :- Gyan Singh,Lalji Yadav,Pranjal Singh,Shailendra Pratap Singh Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Smt. Reena Saroj, wife of the applicant, who has filed the affidavit in support of the bail application and Sri Anant Pratap Singh, the learned A.G.A. appearing on behalf of the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 46 of 2024, under Sections 147, 148, 149, 302, 324, 506 I.P.C. registered at Police Station Maheshganj, District Pratapgarh.

3.The aforesaid case has been registered on the basis of F.I.R. lodged on 20.03.2024 against five named persons, including the applicant and five unnamed persons, alleging that all the accused persons assaulted the informant's father with axe and farsa in the rooftop of his house at about 8.00 p.m. on 17.03.2024.

In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

The medical prescription issued by the Medical Officer, CHC, Maheshganj, Babuganj, Prtapgarh mentions lacerated wounds on temporal region, parietal region and on leg, besides complaint of pain. However, the medico legal examination was not carried out.

The statement of the victim was recorded by the Investigating Officer, wherein he reiterated the F.I.R. allegations. The victim was referred to SRN Hospital, Prayagraj where he died during treatment on 26.03.2024. The postmortem examination report mentions the cause of death to be septicemic shock due to multiple organ failure. The co-accused Amit Saroj has been granted bail by means of an order dated 15.10.2024, passed by a Coordinate Bench of this court in Criminal Misc. Bail Application No. 9131 of 2024.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that similar allegations were leveled against all the accused persons and one of the co-accused person has already been granted bail, whereas the applicant has no criminal history and he is languishing in jail since 27.03.2024 and without making any observation on the merits of the case I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime on the ground of parity.

Accordingly, this bail application stands allowed .

Let the applicant -Amresh Saroj be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to

following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court.

[Subhash Vidyarthi, J.]

Order Date :- 18.3.2025 Pradeep/-

Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench