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2024 DIGILAW 1121 (SC)

Ram Kishor v. State of U. P.

2024-11-08

SURYA KANT, UJJAL BHUYAN

body2024
ORDER The petitioner seeks enlargement on regular bail in FIR No.2/2022, dated 11.1.2022, registered at Police Station Mansukhpura, Agra, under Sections 147, 148, 149 read with Sections 302, 149 read with Sections 323, 504(2) and 506 IPC. 2. The prosecution case is that the deceased left his house for some work on 11.1.2022 when he was attacked by a group of persons with lathi/danda etc. The accused were allegedly having an old rivalry with the deceased whom multiple injuries were caused. When the complainant, namely, the father of the deceased tried to intervene, the accused persons assaulted him as well. The deceased succumbed to his injuries and was declared dead upon arrival at the hospital. The petitioner is one of the accused who was arrested on 30.1.2022 and is in custody since then. 3. It is not in dispute that after filing of the chargesheet; framing of charges, trial has commenced and only one out of 22 witnesses have been examined so far. The conclusion of trial will, thus, take some reasonable time. The petitioner is in custody for almost two years and ten months. His co-accused have since been released on bail. 4. Taking into consideration all the attending circumstances, however, without expressing any opinion on the merits of the case, the petitioner is directed to be released on bail during the pendency of the trial, subject to his furnishing bail bonds to the satisfaction of the Trial Court. The petitioner shall remain present before the Trial Court on each and every date of hearing, failing which it will be taken as a misuse of concession of bail. The petitioner and his counsel shall fully cooperate with the ongoing trial. Similarly, the petitioner will not indulge directly or indirectly in influencing or threatening the witnesses, including the complainant, who himself is an injured witness. 5. The Special Leave Petition stands disposed of accordingly. 6. As a result, the pending interlocutory applications also stand disposed of.