Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48026 of 2021 Applicant :- Atul @ Monti Opposite Party :- State of U.P. Counsel for Applicant :- Amitrana Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, 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. 165 of 2021 under Sections 307, 452 I.P.C. registered at P.S.- Kotwali Dehat, District- Bijnor.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Applicant has not committed the alleged offence. Further submitted that injury on the person of the injured, is simple in nature. Injury is on non vital organ of the body. Further submitted that the applicant is languishing in jail since 13.08.2021.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.
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.
Perusal of the record reveals that role of firing has been attributed to applicant. Injuries on the person of injured, have been opined as simple in the supplementary-report which is at page no. 30 of the paper book.
Intention to commit murder is gathered from the facts and circumstances of each case. Main determinants are nature and amount of injury, nature of weapon used, vital organ of the body where the injury has been caused and peculiar circumstances of that particular case. So far as the facts of the present case are concerned, injuries on the person of the injured are simple in nature, so without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Atul @ Monti 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 :- 24.12.2021 A. Mandhani