Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35670 of 2021 Applicant :- Ankit Opposite Party :- State of U.P.
Counsel for Applicant :- Kulveer Singh,Brahma Kumar Tiwari Counsel for Opposite Party :- G.A.,Rajeev Kumar Pal
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 311 of 2021, under Sections 323, 307 and 427 I.P.C., P.S. Naimandi, district-Muzaffarnagar, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against three named and one unknown person, including present accused about the incident which occurred on 2.7.2021 and it was alleged that when the complainant was carrying Manisha, wife of his younger brother Vishesh on a motorcycle from village Shernagar to Muzaffarnagar for taking medicines. It was also alleged in the FIR that when the complainant reached near 'Eidgah', then four boys of the same village namely, Arvind, Chotu, present accused Ankit and son of Ganje came on motorcycle. The accused Chotu was armed with sword, Arvind armed with baseball bat, Ankit armed with country made pistol and son of Ganje armed with hockey stick stopped the motorcycle of the complainant and started assaulting him by their respective weapon. They also damaged his motorcycle. The present accused fired at complainant, which could not hit him. It was also alleged that Manisha, girl of the applicant's family has solemnized marriage with brother of the complainant without the wishes of her family, that's why there was enmity between the applicant and complainant's family.
Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Further submission is that the medical report of the injured does not show any serious injury, which could be said that it was fatal to life. No incriminating article or material has been recovered either from the applicant or on his pointing out. He lastly submits that the applicant, who is in jail since 20.7.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A., as well as learned counsel for the informant but they have not disputed the fact that the doctor has not opined that the injuries sustained by the injured are grievous or fatal to life.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering that the injuries, considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Ankit be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 26.10.2021 Faridul