Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23614 of 2019 Applicant :- Arvind Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Vakalatnama, filed today, by Sri Jitendra Singh, Advocate, on behalf of the informant, is taken on record.
Heard learned counsel for the applicant, learned private counsel, appearing for the informant as well as learned A.G.A. and perused the record.
By means of this application, the accused-applicant, Arvind, who is involved in Case Crime No.116 of 2019, under Sections 147, 148, 149 and 307 I.P.C., read with Section 7, Criminal Law Amendment Act, 1932, Police Station- Jalalabad, District- Shahjahanpur, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number because of being a family member of the Ex-Gram Pradhan, Ram Niwas; six named and five un-named persons have been assigned role of giving this assault to both injured persons whereas two injuries were found over the person of Ranjeet, which were simple and three injuries found over the person of injured-Ranvir were grievous; fire arm wound is exit, coupled with laceration and contusion; role of giving shot by fire arm has been specifically assigned to Ram Niwas; accused-applicant is of no criminal antecedents, hence bail has been prayed for.
Learned private counsel, appearing for the informant, as well as learned A.G.A. has vehemently opposed the prayer for bail with this contention that it was an assault by unlawful assembly in furtherance of a common object of above assembly resulting in grievous hurt to injured-Ranvir.
Having heard learned counsel for both sides and gone through materials, placed on record, it is apparent that in the first information report a specific role giving fire arm shot was assigned to ex-Gram Pradhan, Ram Niwas, though fire by arm by other accused have been said. Two simple injuries, by hard object, were found over the person of Ranjit whereas three injuries found over the person of injured-Ranvir were grievous, caused by fire arm shot, which has been assigned specifically assigned to Ram Niwas.
Under all above facts and circumstances, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant, Arvind, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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.
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 :- 6.6.2019 bgs/