Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39786 of 2021 Applicant :- Ativeer Opposite Party :- State of U.P.
Counsel for Applicant :- Yadvendra Singh Counsel for Opposite Party :- G.A.,Nirbhay Singh
Hon'ble Anil Kumar Ojha,J.
Heard Sri Vikrant Neeraj, Advocate holding brief of Sri Yadvendra Singh, learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 197 of 2021, under Section 147, 148, 149, 307, 336, 323, 504, 506 of I.P.C. registered at P.S.- Dholna, District- Kasganj.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Role of firing has not been attributed to the applicant. There is cross case of the present one and it cannot be determined at this stage as to which party was aggressor. There is no independent witness in the present case. The allegations levelled against the applicant are fully false and baseless and case under aforesaid Sections is not made out against him. Further submitted that prosecution story is highly improbable and concocted one, upon which no reliance can be placed. The applicant is languishing in jail since 19..08.2021.
Per contra, learned A.G.A. opposed the prayer for bail however conceded the factum of cross case.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that there is cross case of the present one and it cannot be determined at this stage as to which party was aggressor, role of firing has not been attributed to the applicant, without expressing any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Ativeer involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 20.12.2021 VPS