In cases involving property disputes and delayed FIRs, the court may consider granting bail if there is a lack of specific allegations and the accused has no prior criminal history.

Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47026

of 2022

Applicant :- Ram Prasad

Opposite Party :- State of U.P.

Counsel for Applicant :- Brij Raj,Ramsagar Yadav

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri Sushil Kumar Dubey, Advocate holding brief of Sri

Brij Raj, learned counsel for the applicant and Sri Rakesh

Kumar Srivastava, learned Brief Holder for the State.

The instant application has been filed seeking release of the

applicant on bail in Case Crime No.322 of 2022, under

Sections 323, 326, 504, 506 IPC, Police Station Parasrampur,

District Basti during pendency of the trial in the court below.

According to the prosecution case, the allegation against the

applicant is that due to the land dispute he along with his family

members made assault upon the informant and FIR of the case

was lodged under Sections 323, 504, 506 IPC but later on, the

case was converted under Section 326 IPC.

Learned counsel for the applicant submitted that applicant is the

Jeth of the victim/informant and due to the property dispute he

has been falsely implicated in the present matter. He next

submitted that the incident is said to have taken place on

03.07.2022 but FIR of the present case was lodged on

01.08.2022 i.e. almost after about a month under Sections 323,

504, 506 IPC but during investigation Section 326 IPC was also

added and as per medical report dated 01.08.2022 of the victim,

her eyes was dislocated but only general allegation was made

against the applicant in the FIR and although in the statement

recorded under Section 161 Cr.P.C. subsequently victim started

stating that due to the assault made by the applicant she

sustained injuries on her eyes but there is no explanation that

why the FIR of the present case was lodged after about a

month. He next submitted that although applicant earlier

implicated in one case relates to Sections 452, 306, 120B IPC

but after investigation his involvement was found false and

final report was submitted. He next submitted that applicant is

in jail since 13.09.2022 and apart from the present case and one

case of Section 306 IPC there was no other criminal case

against the applicant.

Per contra, learned AGA opposed the prayer and submits that

applicant is Jeth of the victim and there is specific allegation

against the applicant that he made assault upon informant and

due to the assault made by applicant, left eye of the victim was

dislocated but he could not dispute the fact that FIR of the

present case was lodged after about a month.

I have heard learned counsel for the parties and perused the

record of the case.

Admittedly, applicant is the Jeth of the victim and dispute with

regard to property is pending between the parties and FIR of the

present case was lodged almost after about a month and in the

FIR only general allegation has been made against the accused

persons including the applicant, therefore, considering this fact

and the fact that applicant is jail since 13.09.2022 and in the

earlier case final report was submitted against him and except

the present one there is no other case is pending against him,

therefore, without expressing any opinion on the merits of the

case, the instant bail application is allowed.

Let the applicant - Ram Prasad be released on bail in the

aforesaid case on furnishing a personal bond and two sureties

each in the like amount to the satisfaction of the court

concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates

fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make

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 any police officer or tamper with the

evidence.

(iii) The applicant shall not indulge in any criminal and anti-

social