Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13209 of 2021 Applicant :- Ashok Opposite Party :- State of U.P.
Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajai Tyagi,J.
Counter-Affidavit has been filed by learned A.G.A. and the same is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
This bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.91 of 2020, under Section 323, 504, 307 and Section 4/25 of Arms Act, Police Station Tahbarpur, District Azamgarh during the pendency of trial.
It is argued by learned counsel for the applicant that accused and injured, both were friends. They went to the market and while coming back under intoxication, both had quarreled and it is said that the accused attacked to the injured with knife. The injury of knife shown in the medical report, is not at all deep and injury no. 2 is lacerated wound on chest which was kept under observation and in x-ray and ultra-sound, no internal injury was found except some blood clotting. Accused is in jail for the last six months and he has no criminal history.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Looking to the fact that depth of injury no. 1 is not known and injury No. 2 was not found serious in x-ray and ultrasound; accused is in jail since 13.01.2021; he has no criminal history, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Ashok be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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 on the merits of the case. 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 :- 30.7.2021 A. Mandhani