Allahabad High Court
Ram Sajan vs State Of U.P. on 13 July, 2012
Bench: Vikram Nath, Manoj Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Criminal Misc. Amendment Application No.154172 of 2012
IN
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3223 of 2008
Petitioner :- Ram Sajan
Respondent :- State Of U.P.
Petitioner Counsel :- S.K. Pandey,Gaurav Kumar Shukla,Raj Narayan,Ram Mohan Shukla,T.P. Mishra
Respondent Counsel :- Govt.Advocate
Hon'ble Vikram Nath,J.
Hon'ble Manoj Misra,J.
Allowed.
Learned counsel for the applicant is permitted to make necessary correction in the second bail application during the course of the day.
Order Date :- 13.7.2012
AKShukla/-
Criminal Misc. Second Bail Application No.257606 of 2012
IN
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3223 of 2008
Petitioner :- Ram Sajan
Respondent :- State Of U.P.
Petitioner Counsel :- S.K. Pandey,Gaurav Kumar Shukla,Raj Narayan,Ram Mohan Shukla,T.P. Mishra
Respondent Counsel :- Govt.Advocate
Hon'ble Vikram Nath,J.
Hon'ble Manoj Misra,J.
This is second bail application. Earlier prayer for bail was rejected by the order dated 15.09.2008, which is reproduced herein below:-
"Heard learned counsel for the appellant and the learned A.G.A.
There is no motive for false implication of the appellant. In the Criminal case of this nature the offence is heinous and more importantly the fact that all the witnesses including minor victim girl and her father turned completely hostile would indicate pressure having been exerted on these victims for turning completely hostile. Granting of bail and acquittal in such cases would amount to encouragement of this kind of tactics on the part of the accused. We are not inclined to accept the prayer for granting bail.
It will be open for the appellant to apply for expediting the hearing of the appeal."
Heard Sri Tej Prakash Mishra and Sri Ram Mohan Shukla, learned counsel for the applicant and learned A.G.A. for the State.
It has been submitted by learned counsel for the applicant that co-accused Sirajuddin and Tulsiram have been granted bail by this Court vide orders dated 06.04.2012 and 12.08.2011 passed in Criminal Appeal No.4104 of 2008 and 4158 of 2008 respectively. It is further submitted that the role of the applicant Ram Sajan is similar to that of Tulsiram. On the said basis, claiming parity prayer for grant of bail has been made.
Having considered the submission and having perused the orders dated 06.04.0212 and 12.08.2011 we are of the view that the applicant would also be entitled for bail, for the reasons recorded in the aforesaid two orders.
Let the applicant Ram Sajan, who has been convicted and sentenced in Special Sessions Trial No.500 of 2000 arising out of Case Crime No.243 of 1999, under Sections 363, 366, 376, 506, 324 , 368 I.P.C. and 3(2)(V) of SC/ST Act, Police Station Kalwari, District Basti be released on bail on his executing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 13.7.2012
AKShukla/-
