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Judgment
Subhash Vidyarthi, J
Heard Sri Jagdish Prasad Yadav, the learned counsel for the applicants, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate, Sri Chandra Kumar Rai, the learned counsel for the informant and perused the record.
The instant application has been filed seeking release of the applicants on bail in Case Crime No. 128 of 2020, under Sections 323, 504, 506, 308, 147, 452, 352 IPC, Police Station Mubarakpur, District Azamgarh during pendency of the trial in the Court below.
The aforesaid case has been registered on the basis of a first information report lodged against seven named accused persons, including the applicant, alleging that all the accused persons had abused and beaten up the informant and his family members.
In the affidavit filed in support of the bail application, it has been stated that the applicant has neither abused nor beaten up the informant or his family member and he is innocent and that he has been falsely implicated in the present case. The other co - accused persons namely Sudarshan, Ram Shabda, Rahul and Dubbar have already been granted bail by this Court and copies of bail orders have been annexed as annexure-7 to the affidavit filed in support of the bail application.
The learned counsel for the applicant has submitted that the FIR contains general allegations against all the accused persons and no specific role has been assigned to the applicant.
The applicants are languishing in jail since 09.05.2022.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.
Keeping in view the aforesaid facts and circumstances of the case, I find it to be a fit case for grant of bail to the applicants in the aforesaid case crime number.
In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.
Let the applicants Subedar @ Jhinak and Suresh be released on bail in Case Crime No. 128 of 2020, under Sections 323, 504, 506, 308, 147, 452, 352 IPC, Police Station Mubarakpur, District Azamgarh on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicants will not tamper with the evidence during the trial.
(ii) The applicants will not influence any witness.
(iii) The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicants 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.