Allahabad High Court
Sree Ram vs State Of U.P. on 3 December, 2020
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41850 of 2020 Applicant :- Sree Ram Opposite Party :- State of U.P. Counsel for Applicant :- Rishi Kant Rai,Shambhu Sharan Singh Counsel for Opposite Party :- G.A. Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant, Sree Ram, has prayed to release him on bail in Case Crime No. 301 of 2020, under Sections-323,504 and 304 I.P.C. Police Station-Sarai Inayat, District-Prayagraj.
Heard learned counsel for the applicant and learned A.G.A. representing the State. Perused the record.
Learned counsel for the applicant argued that accused applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in Jail since 26.06.2020. The applicant is of no criminal antecedent. Initially a non cognizable Report was got registered under Section 323 and 504 I.P.C. against four persons. But, subsequently, after the death during treatment, a Case Crime number as Case Crime number 301 of 2020, under Sections- 323, 504 and 304 I.P.C. was got registered against those four accused including the applicant. In autopsy examination three anti mortem injuries have been shown. First contusion 8cm. x 5 cm. on left side of back scalp, second contusion 10cm.x6cm. on left side of upper chest just about left nipple and third swelling on both forearm, was there, and the death was opined due to coma and septicaemia due to above anti mortem injuries and infection in both lungs. Who was author of these injuries was not there. No specific role for giving these injuries, against the applicant, is there. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application but could not oppose the factual aspect that applicant is of no criminal antecedent.
Having heard learned counsel for both sides and gone thorough the material placed on record it is apparent that the applicant is of no criminal antecedent. Considering the nature of accusations, severity of the punishment in the case of conviction, larger mandate of Article 21 of the Constitution of India and dictum of Hon'ble Apex Court in the Case of Dataram Singh v. State of U.P. & Anr., (2018) 3 SCC 22, but, without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Sree Ram, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 3.12.2020 Deepak/