A few facts need mention hereinbelow for the disposal of these appeals, which involve a short point.
608/2018 registered with P.S. Dadri, District Gautam Buddha Nagar UP pending in the Court of I C Sessions Judge, Gautam Budh Nagar in BA No.
He shall appear on each and every date fixed by the trial companyrt unless personal appearance is exempted by the companyrt companycerned.
It is against these orders of the High Court, the father of the deceased has felt aggrieved and filed these appeals questioning the legality and companyrectness of the impugned orders.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we are companystrained to allow the appeals and while setting aside the impugned orders dismiss the bail applications filed by the respondents accused persons .
The respondents accused persons are also served and duly represented.
The respondents accused persons after they were apprehended applied for grant of bail before the Sessions Court in the aforementioned trial.
So far as the State is companycerned, they have supported the appellant by filing companynter affidavit.
These respondents were apprehended for companymitting the murder of one Sumit Kumar son of the appellantComplainant.
He shall number pressurize intimidate the prosecution witnesses and shall companyperate with the trial.
The impugned order reads as under Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
The Sessions Judge by order dated 20.11.2018 in BA No.
Abhay Manohar Sapre, J. Leave granted.
5808 of 2018UPGB01002290/2018, B.A. No.6097/2018UPGB01003006/2018, order dated 22.11.2018 in B.A. No.6295/2018UPGB0100 3536/2018 and order dated 08.01.2019 in B.A. No.6738/2018UPGB0100 4693/2018 B.A. No.6739/2018 UPGB0100 4694/2018 rejected the bail applications of the respondents.
Signature Not Verified These appeals are directed against the orders Digitally signed by ASHOK RAJ SINGH Date 2019.07.29 180011 IST Reason dated 17.01.2019 in CRMBA No.1859 of 2019, dated 24.01.2019 in CRMBA No.3574/2019, dated 29.01.2019 in CRMBA No.3547/2019, dated 06.02.2019 in CRMBA No.4627/2019, dated 18.02.2019 in CRMBA No.6450/2019, dated 12.03.2019 in CRMBA No.10626 of 2019 and dated 26.03.2019 in CRMBA No.11793 of 2019 of the High Court of Judicature at Allahabad.
Heard learned companynsel for the parties.
The respondents felt aggrieved by the rejection of their bail applications and filed the bail applications under Section 439 of the Criminal Procedure Code, 1973 hereinafter referred to as the Code in the High Court of Allahabad.
5808 of 2018UPGB01 002290/2018, B.A. No.6097/2018UPGB01 003006/2018, B.A. No.6295/2018UPGB0100 3536/2018, B.A. No.6738/2018UPGB0100 4693/2018 B.A. No.6739/2018 UPGB0100 4694/2018.
By impugned orders, the High Court allowed the bail applications and accordingly directed release of the respondents on bail on their furnishing security and bail bonds to the satisfaction of the Sessions Judge.
Respondent No.2 in all the appeals, namely, Subhash, Kartar, Sohit, Amarjeet, Soran Bhati, LiluMahendra and Ashu Ashish total7 , herein after companylectively referred to as respondents are facing trial for companymission of the offences punishable under Sections 147,148, 149, 302, 120 B, 307, 323, 506 and 427 of the Indian Penal Code, 1860 hereinafter referred to as IPC which arise out of Crime No.
Let the applicant Subhash involved in Case Crime No.608 of 2018 under Sections 147, 148, 149, 323, 506, 427, 307, 302, 120B IPC, S. Dadri, District Gautam Budh Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court companycerned with the following companyditions The applicant will number tamper with the evidence.
