Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44687 of 2021 Applicant :- Ashok Opposite Party :- State of U.P.
Counsel for Applicant :- Rajiv Lochan Shukla,Abhishek Narayan Pandey Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Ashok, in Case Crime No. 98 of 2020, under Sections 147, 148, 149, 452, 307, 302/34 IPC, Police Station- Titawi, District-Muzaffar Nagar.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 21.04.2020; he is of criminal antecedent, which has been duly explained in the affidavit; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. It was a cross case version where both sides have received injuries. Ashu Malik from the side of the applicant, has received a gun shot injury for which he was hospitalized for ten days. One bullet was embedded in his chest region. From the side of the prosecution, Nitin, who is the deceased, has received a single gun shot injury, where from projectile was recovered; it was never said to be shot of gun, rather a shot by rifle and it was assigned to other co-accused; for applicant, there was no specific accusation in FIR, rather in statement under Section 161 Cr.P.C., informant has specified that applicant was armed with gun and giving shot by gun, but no gunshot injury is there; co-accused Vivek in Crl. Misc. Bail Application no. 34596 of 2021 and co-accused Pradeep in Crl. Misc. Bail Application no. 44084 of 2021, have been granted bail by the co-ordinate Benches of this Court; accusation against the applicant is of same tune. Hence, bail has been prayed for.
Learned AGA and counsel for the informant has vehemently opposed, but could not oppose this fact that it was a cross case version; both side have sustained injuries and gunshot injury to both side.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Ashok, 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 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 :- 22.12.2021 Dhirendra/