Ghanshyam Tailor vs State Of U.P.
2022 Latest Caselaw 16018 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 67
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49276 of 2022
 

 
Applicant :- Ghanshyam Tailor
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Yogesh Kumar Srivastava, Noor Muhammad
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

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

This is a bail application on behalf of the applicant Ghanshyam Tailor in connection with Case Crime No.44 of 2020, under Sections 147, 148, 149, 302 I.P.C., Police Station Shahjahanpur, district Jhansi.

The first information report of this incident was lodged by the informant against the eight accused persons, including the applicant alleging therein that the accused persons have assaulted the deceased on 10.07.2020 at about 8:00 p.m. as a result of which he died on the spot.

The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with ulterior motive. He submitted that in the first information report general role was assigned against all the accused persons. No specific role has been assigned to the applicant. Later on two witnesses have claimed that the applicant along with Chainu @ Chndra Prakash had assaulted the deceased. He submitted that the deceased had received only one injury on his person, which is evident from the post mortem report of the deceased and it is not the specified who was the author of the injury. The doctor has opined that the deceased has received ante mortem injury, which is lacerated wound of size 5x2 cms. on back of head at top region (Upper) parito-occipati region on left side 11 cms. away left extragus. He submitted that the alleged recovery of iron rod is totally false as there is no public witness of the aforesaid recovery. He submitted that the trial has not yet been concluded. He submitted that applicant is languishing in jail since 13.07.2020, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.

Learned A.G.A. has opposed the bail plea.

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 and recent judgment of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. passed in S.L.P. (Crl.) No.5191 of 2021 and also the fact that aforesaid co-accused has been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

Accordingly, the bail application stands allowed.

Let the applicant Ghanshyam Tailor involved in the aforesaid crime be released on bail on executing a personal bond and furnishing 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 witnesses;

iii) The applicant shall appear on the date fixed by the trial court;

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

Order Date :- 4.11.2022

R./