Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 33102 (ALL)

HARIOM ALIAS MANISH ALIAS AMRISH AND ANOTHER v. STATE OF U.P.

BAIL/9844/2025 · 2025-04-07

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:50822 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9844 of 2025 Applicant :- Hariom Alias Manish Alias Amrish And Another Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Prem Chandra Dwivedi, learned counsel for the applicants and Shri S.K.Rai, learned AGA-Ist, for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants, Hariom @ Manish @ Amrish and Aman @ Anmol, seeking enlargement on bail in Case Crime No. 337 of 2018, under Sections-147, 148, 149, 323, 504, 506 and 308 I.P.C. Police Station-Shamsabad, District-Agra. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 03.03.2025. Learned counsel for the applicant submits that the First Information Report has been lodged on 13.08.2018, against the applicants and four other persons, with the allegation that on the provocation of accused Padam his son has given blow by spade upon the injured due to which they sustained injuries. Learned counsel for the applicant submits that neither any specific role has been assigned against the applicants in the First Information Report or in the statements of the injured. In the present case charge sheet has been filed against the applicants and thereafter the Magistrate has taken cognizance on 24.07.2019. The applicants has no criminal antecedents and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicants, Hariom @ Manish @ Amrish and Aman @ Anmol, involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their 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 their bail. Order Date :- 8.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad