Ramphool vs State Of U.P.
2019 Latest Caselaw 1223 ALL

Citation : 2019 Latest Caselaw 1223 ALL
Judgement Date : 13 March, 2019

Allahabad High Court

Ramphool vs State Of U.P. on 13 March, 2019

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10856 of 2019
 

 
Applicant :- Ramphool
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ravi Shankar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against 7 persons including the applicant. There is general allegation of marpit against the applicant. No specific role has been assigned to the applicant. In FIR it has been mentioned that injured Sunil Kumar sustained injury due to assault of Arjun with Farsa. In this incident 7 persons of prosecution side have sustained injuries. Only grievous injury has been found to injured Dharmendra. Except Dharmendra the injuries of other injured are simple in nature. It has further been submitted that there is cross version of this incident and from side of the applicant 4 persons have sustained injuries. The applicant has not committed the alleged offence. He has falsely been implicated in the present case. The applicant has no criminal history and is in jail since 10.1.2019.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Ramphool involved in Case Crime No. 06 of 2019, under section 147, 148, 149, 323, 504, 506, 308, 336, 325 IPC, P.S. Bisauli, District Budaun be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

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

Order Date :- 13.3.2019

Masarrat