Allahabad High Court
Jayram vs State Of U.P. on 24 May, 2022
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11253 of 2022
Applicant :- Jayram
Opposite Party :- State of U.P.
Counsel for Applicant :- Alkesh Singh
Counsel for Opposite Party :- G.A.,Shiv Kumar Gupta
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State, Shri Ashutosh Yadav and Shri Shiv Kumar Gupta for the informant and perused the record.
The instant bail application has been preferred with a prayer to release the applicant on bail in Case Crime No.197 of 2021 under Sections 302, 201 IPC, P.S. Kurrah, Distt. Mainpuri during pendency of the trial in the court below.
As per prosecution version, the brother of the informant, who was driver, has gone with four person including the applicant by truck on 22.8.2021. His dead body was found on 27.8.2021 and the FIR was also lodged on 27.8.2021 at 21.14 p.m. According to prosecution, the cause of death of the deceased is asphyxia due to throttling and hyiod bone was fractured. It is further alleged that one iron rod has been used by the applicant, which is said to have been used in throttling. It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. Reliance has been placed on the order dated 17.5.2022 in Criminal Misc. Bail Application No.10268 of 2022 (Umesh @ Ajeet Rathor v. State of U.P.) by which the co-accused has been granted bail by this Court. Learned counsel for the applicant has submitted that while considering the aforesaid bail application of the co-accused the Court has considered the relevant aspect of the matter. The Court had also considered that dead body is shown to have been recovered on the pointing out of Jairam (applicant herein) on 27th August, 2021, whereas Jairam was arrested on 28th August, 2021. As such it is submitted that prosecution case is full of contradictions and cannot be relied upon. In this backdrop, it is submitted that the applicant is also entitled for similar indulgence. Lastly, it has been submitted that the applicant is languishing in jail since 28.08.2021 having no criminal history and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case, he is released on bail.
Learned counsel for the applicant in support of his submissions has placed reliance upon the judgment of Hon'ble Apex Court dated 6.2.2018 in Criminal Appeal No.227 of 2018 (Dataram Singh v. State of U.P. & Ors.) and the order of Punjab and Haryana High Court dated 14.10.2020 in CRM-M-31988-2020 (O&M) (Kamal v. State of Haryana).
Learned AGA as well as learned counsel for the informant opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant-Jayram involved in aforesaid Case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 24.5.2022
SP/
