Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39195 of 2021 Applicant :- Babulal Ahirwar Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Kumar Khare Counsel for Opposite Party :- G.A.,Narendra Kumar
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Babulal Ahirwar, in Case Crime No. 64 of 2021, under Sections- 452, 308, 304 I.P.C. P.S. Sri Nagar, District- Mahoba.
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 23.4.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; first information report was got lodged on 21.4.2021, for an occurrence of 8.4.2021, for offences punishable under Sections 452, 308 IPC; it was a delayed report and that too against four accused persons with general allegation of giving assault by throwing in the well whereas at the first instance at hospital, the injuries were said to be because of falling in the well, no complaint of any offence was there; it has been written in the medico legal report that it was said to be an incident, wherein injured was fell in a well and had sustained above injuries and it was the fact that injuries were of that falling in a well, for which this subsequent accusation has been made. Hence, bail has been prayed for.
Learned AGA as well as learned counsel for the informant has vehemently opposed with this contention that applicant had thrown deceased in a well, wherein he had sustained above injuries.
Having heard learned counsels for both sides and gone through materials placed on record as well as 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, Babulal Ahirwar, 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 :- 24.12.2021 Kamarjahan