Allahabad High Court
Hajari @ Ram Pramod vs State Of U.P. on 23 March, 2021
Bench: Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 33
Case :- BAIL No. - 7471 of 2020
Applicant :- Hajari @ Ram Pramod
Opposite Party :- State of U.P.
Counsel for Applicant :- Dharm Trivedi,Alok Kumar Singh,Sanjay Singh Chauhan
Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant application has been filed for bail of Hajari @ Ram Pramod, involved in Case Crime No.306 of 2020, under Sections 304, 323, 504 IPC., Police Station Ishanagar, District Kheri.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the alleged occurrence was happened on 05.06.2020 whereas FIR was lodged after 11 days i.e., on 16.06.2020. Learned counsel further submits that in FIR, no specific role has been assigned to the applicant whereas during investigation, in the statement of eye witnesses, it has been specifically mentioned that the role of applicant was of catching hold the deceased and no other allegation has been made against the applicant. Learned counsel for the applicant further submits that the applicant is a law abiding person, having no criminal history, languishing in jail since 23.06.2020. Learned counsel further submits that if the applicant is released on bail he will not misuse the liberty granted by this Court.
Learned AGA vehemently opposed the prayer for bail but did not dispute the factual submission advanced by learned counsel for the applicant. Learned AGA further submits that in view of gravity of offence, applicant is not entitled to be released on bail.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
The application for bail is allowed.
Let the applicant Hajari @ Ram Pramod involved in the aforesaid case crime 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 :-
i. The applicant shall not tamper with the prosecution evidence.
ii. The applicant shall not threaten or harass the prosecution witness.
iii. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
iv. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
v. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case (ii) framing of charge and (iii) recording of statement under Section 313 CrPC (iv) argument / judgment.
vi. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 23.3.2021
P.s.
