Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44699 of 2021 Applicant :- Abhay Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Pulak Ganguly,Ravi Bhushan Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 247 of 2021 under Sections 308, 504 and 506 I.P.C. registered at P.S.- Saidpur, District- Ghazipur.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Applicant has not committed the alleged offence. No specific allegation has been made against the applicant. There are only general allegations against all the three accused persons, hence it cannot be determined as to who is the author of solitary injury on the person of the injured. Further submitted that the applicant is languishing in jail since 22.08.2021. Applicant has no criminal antecedents.
Per contra, learned A.G.A. opposed the prayer for bail, however conceded the fact that there are only general allegations and no specific role has been assigned against the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that there is one injury on the person of the injured and no specific role has been assigned to the applicant, hence it cannot be determined as to who is the author of the said injury, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Abhay Yadav involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 17.12.2021 A. Mandhani