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2025 DAILYLAW 3650 (ALL)

TEJENDRA v. STATE OF U.P.

BAIL/591/2025 · 2025-01-09

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:4778 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 591 of 2025 Applicant :- Tejendra Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Ankur Chaurasia,Diwan Saifullah Khan Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 311 of 2024 at Police Station-Soron District-Kasganj under Sections 103(1), 109, 115(2), 191(2), 191(3), 190, 351(3), 352 B.N.S. The applicant is in jail since 13.07.2024. The bail application of the applicant was rejected by the learned trial court on 10.10.2024. The following arguments made by Shri Abhishek Ankur Chaurasia, learned counsel and Shri Diwan Saifullah Khan, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agarwal, learned AGA-I from the record, entitle the applicant for grant of bail: 1. The FIR assigns a vague and general role to the applicant in the offence. 2. The two deceased persons had died when they were run over by tractors. 3. The applicant has not been identified as the principal offender who drove the tractor over the deceased persons causing their deaths or inflicted any grievous injuries to the injured persons. 4. The applicant claims congruency in role and seeks parity in relief granted to the co-accused who has been enlarged on bail by this Court by order dated 15.10.2024 in Criminal Misc. Bail Application No. 37339 of 2024. 5. The role of the applicant is distinguishable from the principal offenders including Hari Om. 6. The applicant claims congruency in role and seeks parity in relief granted to the co-accused who has been enlarged on bail by this Court by order dated 09.12.2024 in Criminal Misc. Bail Application No. 43989 of 2024. 7. The applicant does not have any criminal history apart from this case. 8. The applicant is not flight risk. The applicant being law abiding citizens have always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of the applicants influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Tejendra be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 9.1.2025 Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad