Allahabad High Court
Ram Ladaite vs State Of U.P. on 17 April, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15693 of 2019
Applicant :- Ram Ladaite
Opposite Party :- State Of U.P.
Counsel for Applicant :- Raja Ullah Khan
Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Accused-applicant, Ram Ladaite, had been arrested on the basis of a named FIR against seven persons in Case Crime No. 529 of 2018, under Sections 147, 148, 149, 324, 452, 308 IPC, P.S. Nigohi, District Shahjahanpur. It appears from the record that subsequently against the accused-applicant an offence under Section 308 IPC was added.
According to FIR version, on the date of occurrence i.e. 06.10.2018 at about 5.00 p.m., accused persons with lathi, danda, kata, bhala, country made pistol in their hands came to the house of complainant Awadhesh Kumar and committed marpeet with Sushila wife of Shri Pal, Sushila wife of Ram Kishor, Shri Ram son of Dhani Ram, Shripal son of Dhani Ram, Pushpa daughter of Shripal, Chandani daughter of Shri Ram, Ravendra son of Dhani Ram and Kalyan son of Babu Ram and they also fired five gun shots.
It has been submitted by the learned counsel for the accused-applicant that none of the injured persons sustained any gun shot injury. It has also been submitted that a cross named FIR was also lodged from the side of the applicant against eight named persons and others for criminal occurrence on the same date and time in which seven persons from the accused side allegedly sustained injuries and FIR was lodged for the offence under Section 147, 148, 149, 307, 324, 504 IPC & Section 3(1)10 SC/ST Amendment Act, 2015 in Case Crime No. 528 of 2018. It has also been submitted that the complainant side has already been released on bail by learned Additional Sessions Judge, Shajahanpur.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment, as well as totality of facts and circumstances and also that cross FIR was lodged and both sides sustained injuries, at this stage without commenting on the merits of the case, I find it a case for bail.
Let the applicant Ram Ladaite be released on bail in Case Crime No. 529 of 2018, under Sections 147, 148, 149, 324, 452, 308 IPC, P.S. Nigohi, District Shahjahanpur, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to the following conditions:-
i. The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 17.4.2019
RCT/-
