Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30640 of 2018 Applicant :- Anurag Upadhyay Opposite Party :- State Of U.P.
Counsel for Applicant :- Shashi Bhushan Kunwar,Mr. Kamal Krishna Counsel for Opposite Party :- G.A.,Kumar Dhananjay
Hon'ble Vivek Kumar Singh,J.
Heard Sri Rajiv Lochan Sukla, Advocate assisted by Sri Kamal Krishna, learned counsel for the applicant, Sri Kumar Dhananjay, learned counsel on behalf of opposite party and Sri Shashi Shekhar Tiwari, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to village party bandi and ulterior motive. It is further submitted that no specific role has been assigned to the applicant only general allegations have been made against both the accused person. As per medical report injury received on the body of the injured is on non-vital part of the body. All the injuries were simple in nature. Nothing incriminating has been recovered from the possession of the applicant. It is also submitted that the criminal history of the applicant has properly been explained in para 22 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 25.06.2018 and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned counsel for opposite party as well as learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Anurag Upadhyay be released on bail in Case Crime No. 46 of 2018, under Section 307 IPC, Police Station- Khejuri, District- Ballia on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.9.2018 Arti