Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2962 of 2023

Applicant :- Raseed And Another

Opposite Party :- State of U.P.

Counsel for Applicant :- Ramesh Chandra Yadav,Sanjeev Kumar Yadav

Counsel for Opposite Party :- G.A.,R.K.Paramhans Singh

Hon'ble Vivek Varma,J.

Heard Sri R.C.Yadav, Advocate assisted by Sri Sanjeev Kumar Yadav, learned

counsel for the applicants, Sri R.K.Paramhans, learned counsel for the informant

and learned AGA for the State-respondent.

The instant bail application under Section 439 Cr.P.C. has been filed with a prayer

to enlarge the applicant on bail in Case Crime No. 430 of 2022, under Sections 323,

504, 506, 452, 308, 295-A IPC, Police Station Maharajganj, District Azamgarh,

during the pendency of trial.

It is submitted that the applicants have been falsely implicated in the instant case.

Four persons are nominated in the first information report. General and vague role

has been assigned to the applicants. The injury sustained by the injured persons are

simple in nature. It is next contended that there is a cross version of the incident.

Both sides have received injuries. The aggressor is still to be ascertained. The

criminal history of the applicants has been explained in para 22 of the affidavit. The

applicants are in jail since 17.11.2022 and if they are released on bail, they will not

misuse the said liberty.

Learned AGA and learned counsel for the informant have opposed the prayer for

bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having regard to the submissions made but without commenting on merits of the

case, I am of the opinion that the applicants are entitled to be enlarged on bail.

Let the applicants Raseed and Arif involved in the aforesaid case be released on

bail on their furnishing a personal bond and two sureties each in the like amount to

the satisfaction of the court concerned subject to the conditions that they:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

In case of breach of any of the above conditions, the prosecution shall be at liberty

to move bail cancellation application before this Court.

Order Date :- 8.2.2023

Lbm/-

Digitally signed by :-

LAL BAHADUR MAURYA

High Court of Judicature at Allahabad