Allahabad High Court
Vishram Pal vs State Of U.P. on 12 September, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13961 of 2022 Applicant :- Vishram Pal Opposite Party :- State of U.P. Counsel for Applicant :- Tripurari Pal Counsel for Opposite Party :- G.A.,Ashish Gupta Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant, learned counsel for the first informant and perused the record.
The accused- applicantVishram Pal, is involved in Case Crime No.513 of 2021, under Sections 147, 323, 304 I.P.C., Police Station Madhuban, District- Mau.
It is argued by the learned counsel for the applicant that as per FIR, five persons were injured in the alleged incident and one of the injured, namely, Shiv Mangal later on succumbed to the injuries. As per postmortem report, four injuries are found on the person of the deceased and the death is shown to be caused due to ante mortem injuries. The four injuries shown on the person of the deceased are not attributed to a specific accused. As per FIR, allegations are general. In fact, a civil suit is pending between the parties wherein the applicant has got an injunction. Co-accused Gyanti Devi has been granted bail by the co-ordinate Bench of this Court. There is no criminal history to the credit of the applicant. He is languishing in jail since 21.11.2021 and in case he is enlarged on bail he will not misuse the liberty of bail. Hence, bail has been prayed for.
Learned A.G.A. has opposed the bail application. However, he has accepted that the role attributed to all the accused persons is general.
From the perusal of the FIR, it is clear that general role is attributed to all the accused persons. The applicant has not been assigned any specific role. Co-accused Gyanti Devi has been granted bail by the co-ordinate Bench of this Court. The applicant is in jail since 21.11.2021.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let the applicant, Vishram Pal, who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will attend and co-operate in the trial pending before the court concerned on the dates fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge himself in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 12.9.2022 Radhika