Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16945 of 2021 Applicant :- Ajay Kumar Valmiki Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kumar Yadav,Mahendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Ajay Kumar Valmiki, in Case Crime No. 90 of 2021, under Section- 304 I.P.C., Police Station-Chhibaramau, District-Kannauj.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 22.02.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. It was a case got registered by applicant himself, against unknown assailants; subsequently, on the basis of confessional statement, being said to be made to police personnels, implication has been made; whereas, no such confession was ever made nor any recovery was there; it was a planted recovery; applicant is an employee since last 25 years in above school and no incident is there. Bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard and gone through materials placed on record, it is apparent that applicant himself was informant of this case and it was an occurrence of night having no eye witness account; the confessional statement being said to be made is being denied; the alleged recovery is being said to be planted one.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Ajay Kumar Valmiki, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 16.8.2021 Deepak/