Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16219 of 2021 Applicant :- Anupam Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Vashisth Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Anupam Tyagi in connection with Case Crime No.12 of 2021 under Sections 307, 504 IPC P.S. Murad Nagar, District Ghaziabad.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State.
It is made out that the applicant has been falsely implicated taking advantage of his mother's death to settle a property dispute. It is made out that no occurrence of the kind reported took place. The injuries sustained do not support the prosecution case. It is also argued that the applicant's revolver has not been sent to the ballistic expert, which may establish the fact if at all it was used in the crime. It is also argued that no X- ray has advised during the medical examination. There is no supplementary report on record. It is, particularly, submitted that the injuries sustained are on lower parts of the limb and not at all dangerous to life. It is also emphasized that the prosecution case if it were to be believed clearly shows that the victims were targeted on their limbs, where there was no intent to kill. It is also argued that the applicant has no criminal history and is in jail since 07.01.2021.
The learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that there is a case about the property dispute between the parties, which is said to have led to a false implication by the informant, the fact that the applicant's weapon employed in the offence has not been sent to ballistic examination, the fact that according to the prosecution, the victims were targeted on their lower part of limbs, the fact that there was no intention to kill, the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Anupam Tyagi in connection with Case Crime No.12 of 2021 under Sections 307, 504 IPC P.S. Murad Nagar, District Ghaziabad be released on bail on executing their personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) 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 case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 7.4.2021 Deepak