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2025 DAILYLAW 10975 (ALL)

PAPPU v. STATE OF U.P.

BAIL/2719/2025 · 2025-01-27

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13608 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2719 of 2025 Applicant :- Pappu Opposite Party :- State of U.P. Counsel for Applicant :- Aushim Luthra,Yashonidhi Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Shri Santosh Yadav on behalf of informant is taken on record. Heard learned counsel for the accused-applicant, learned counsel for the informant as well as learned A.G.A. for the State and perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.155 of 2024, under Sections 323, 506, 308 I.P.C., P.S. Tharwai, District Prayagraj. In the prosecution case it is alleged that the husband of the informant went to sleep outside after taking meal. After three hours hearing cry of her husband, the informant came out and saw that accused persons four in number were assaulting with sticks and iron rod. It is further alleged that after raising alarm they ran away. Learned counsel for applicant submits that a perusal of the statement of the injured shows that general allegation of assault has been made on four accused persons. He submits that injured has received one injury i.e. fracture in frontal parietal bone. He also submits that victim has also received another injury on the head however, it is not clear from the prosecution case that who is accountable for this injury. The F.I.R. has been lodged after delay of four days. It is lastly submitted that the co-accused Mangal Bhartiya has been granted bail by Co-ordinate bench of this Court vide order dated 05.09.2024 passed in Criminal Misc. Bail Application No.27338 of 2024. Applicant seeks parity with the bail order of aforesaid co- accused persons. The applicant is in jail since 16.12.2024. Learned A.G.A. as well as learned counsel for the informant have opposed the bail prayer. Learned counsel for the informant has disputed the fact that case is registered as RTA however, from the record he could not dispute it. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 16.12.2024, general nature of allegations made in the prosecution case, the offences are punishable upto seven years so also the bail order of co-accused Mangal Bharitya (supra) and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Pappu be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 27.1.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad