Allahabad High Court
Rajaram vs State Of U.P. on 30 September, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36545 of 2022 Applicant :- Rajaram Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Giri Counsel for Opposite Party :- G.A. Hon'ble Mohd. Azhar Husain Idrisi,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No. 36 of 1998, registered under Sections 147, 148, 149, 307, 336, 338, 435, 504, 188, 34 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Phoolpur, District Azamgarh during pendency of the trial.
An FIR was lodged by the police on 17.2.1998 against three accused persons, namely, Ramakant Yadav, Umakant Yadav and Akbar Ahmad Dampi in respect of the aforesaid crime. Thereafter 70 persons have been connected in this case, including the applicant.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further argued that there was a fight between supporters of two political parties but the first information report has been lodged by the Police. Neither the applicant is not named in the first information report nor his name surfaced in the statement of the informant. The applicant has neither participated in the unlawful assembly nor he committed unlawful activities, therefore, no case under Sections 147, 148, 149, 307, 336, 338, 435, 504, 188, 34 I.P.C. and Section 7 Criminal Law Amendment Act is made against the applicant. As per the prosecution version, firing took place but no one has sustained fire arm injuries, therefore, no case under Section 307 I.P.C. is made out against the applicant. Apart from the above, no specific role has been assigned to the applicant for causing injury to any one. It is pointed out that Ramesh Chand, Ram Surat Yadav @ Ramsukh Yadav, Ram Kewal Yadav, Gopal Yadav @ Pramod Yadav, Mohammad Aslam and Subash have already been granted bail by this Court as well as other Benches of this Court vide orders dated 15.9.2022, 19.9.2022, 19.9.2022, 20.9.2022, 26.9.2022 and 22.9.2022 More so the applicant has no criminal history to his credit and he is in jail since 24.7.2022. There are scanty chances of his fleeing away from the judicial process and tampering the prosecution evidence. In case the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant contending that the innocence of the applicant cannot be adjudged at pre trial stage but could not dispute the aforesaid submission of the learned counsel for the applicant.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Without expressing any opinion on the merits, let the applicant Rajaram involved in aforesaid crime be released on bail on furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.9.2022 M. Tarik