Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25110 of 2021 Applicant :- Anil Babu Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Anil Babu, in Sessions Trial No. 124 of 2020, Case Crime No. 68 of 2020, under Section 302 IPC, Police Station Sirsakalar, District Jalaun.
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 4.1.2021; he is of no criminal antecedent other than one case of under Section 323, 504, 506 IPC wherein he is on bail and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; first information report was got lodged against three accused persons including applicant with no independent eye-witness account by wife of deceased; subsequently informant in her statement under section 161 Cr.P.C. has said that place of occurrence was the house of Chotu co-accused and this occurrence was caused by Chotu that too under influence of liquor for which deceased was addicted and quarrel occurred after taking liquor wherein this occurrence took place; neither any recovery from applicant nor any cogent evidence is against him. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not dispute the fact that applicant is of no other criminal antecedent than one case wherein he is on bail; informant in her statement under section 161 of Cr.P.C. has specifically assigned role to Chotu for this occurrence.
Having heard and gone through materials placed on record, considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tempering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Anil Babu, 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 :- 27.7.2021 Ravi Prakash