Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27423 of 2021 Applicant :- Arvind Opposite Party :- State of U.P.
Counsel for Applicant :- Satyendra Kumar Mishra Counsel for Opposite Party :- G.A.,Onkar Singh
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant and learned AGA for the State.
The accused- applicant is involved in Case Crime No. 508 of 2021, under Section 147, 148, 352, 323, 324, 504, 506 and 307 IPC, registered at Police Station Baghpat, District Baghpat.
Learned counsel for the applicants have submitted that the applicant has been falsely implicated in the present case. It is further submitted that the aunt of the applicant has lodged cross FIR registered as Case Crime No. 514 of 2021, under Sections 147, 148, 149, 452, 323, 307, 324, 354, 354Kha, 506 IPC. The present FIR has been lodged against the applicant and 6 other named persons with general allegation of committing maarpeet by lathi danda. No specific role is assigned to the applicant. He further submits that similarly placed co-accused Rakesh and Mukesh have been granted bail by the coordinate Bench of this Court, vide order dated 05.08.2021 passed in Criminal Misc. Bail Application Nos. 26482 of 2021 and 27033 of 2021. The applicant has no criminal history and he is in jail since 21.05.2021, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. vehemently opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant, Arvind 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 their 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 :- 13.8.2021 SK Srivastava