Asha Ram vs State Of U.P.
2016 Latest Caselaw 2835 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42493 of 2015
 

 
Applicant :- Asha Ram
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Anil Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abhai Kumar, J.

Counter affidavit filed today on behalf of State is taken on record.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The contention raised by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive. It is further contended that initially as N.C.R, was lodged, according to which on 14.11.2014 at about 10:15 a.m. when complainant's brother - Daya Ram was going to his field then two accused persons due to some old money disputes started abusing his brother and when he objected for that then his brother was assaulted by lathi - danda.

In  x-ray report, the injury was found simple in nature and no serious injury is said to have been caused.  But later on the deceased was having complaint in head, so he got himself checked at Delhi and where he died in the hospital.  It is also submitted by learned counsel for the applicant that co-accused - Sone Lal has already been granted bail by this Court and the role of applicant - accused and co-accused is shown to be same in F.I.R though in the Statement recorded under Section 161 Cr.P.C the specific role was assigned to him. It is next contended that the applicant is in jail since 10.01.2015 with no previous criminal history and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts.

Seeing the facts and circumstances of the case that no serious injury was received after the incident and in a supplementary report of the hospital the injury was found simple in nature and deceased died after about 20 days after the incident. It is also cleared that no pre-planing for committing the incident. Seeing the submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail. However, any observation made herein above, will not affect the trial of the case.

Let the applicant - Asha Ram involved in Case Crime No. 1400 of 2014, under Sections 304, 323, 504, 507, 324 I.P.C, Police Station - Kanth, District - Shahjahanpur, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

1. The applicant shall not tamper with the prosecution evidence.

2. The applicant shall not pressurize the prosecution witnesses.

3. The applicant shall appear on the date fixed by the trial Court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.

Order Date :- 20.05.2016.

Vinod.