Ram Asrey vs State Of U.P.
2014 Latest Caselaw 1270 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10602 of 2014
 

 
Applicant :- Ram Asrey
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Arvind Singh
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble V.K. Shukla,J.

Ram Asrey s/o Sri Durjan is before this Court with a request to enlarge him on bail in Case Crime No.210 of 2013 u/s 304, 308, 223, 504, 506 I.P.C., P.S. Naraini, District Banda.

Shri S.S. Shukla, Advocate holding brief of Shri Arvind Singh, Advocate submitted before this Court that in the present case, the prosecution has not at all been truthful as genesis of the occurrence has been suppressed, inasmuch as there are five persons who have received injuries from the side of applicants and same remains unexplained, in view of this,  this Court should direct release of applicant on bail.

Learned A.G.A. on the other hand, has resisted the request made by the accused-applicant by contending that in the present case, accused-applicant alongwith others has caused injuries that has proved fatal and there are five persons who have received injuries, in view of this, this Court should not at all proceed to direct enlargement of applicant on bail.

This Court has the occasion to peruse the record, in the light of arguments that has been so advanced by the learned counsel for the applicant as well as learned A.G.A. and this Court, on prima facie basis, finds that initially First Information Report has been lodged being Case Crime No.210 of 2013 u/s 308, 223, 504, 506 I.P.C. P.S. Naraini, District Banda and thereafter on account of death of Jaikaran (injured), the case in question has also been converted under Section 304 I.P.C.. In the present case, this much is reflected that from the side of complainant, a First Information Report has been lodged and there are injured persons and it is true that their injuries are simple in nature but here the fact of the matter is that all those injured have also been medically examined by the Medical Officer, Naraini who has examined the other five injured persons in sequence. Once such is the factual situation that there is version and cross-version and in the First Information Report from the side of the applicant, no explanation worth name has been given, in view of this, totality of circumstances does warrant release of applicant on bail.

Let the applicant - Ram Asrey s/o Sri Durjan be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in ase Crime No.210 of 2013 u/s 304, 308, 223, 504, 506 I.P.C., P.S. Naraini, District Banda with the following conditions:-

(i) The applicant will continue to attend and cooperate in the trial pending before the court concerned on the date fixed after release.

(ii) The applicant will not tamper with the witnesses.

(iii)The applicant will not indulge in any illegal activities during the bail period.

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

Order Date :- 28.4.2014/A. Pandey