Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16038 of 2021 Applicant :- Bambhole @ Harendra Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Sarvesh Kumar Dubey,Bhavisya Sharma Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Bambhole @ Harendra Singh, in connection with Case Crime No. 123 of 2020, under Sections 147, 148, 149, 307, 504, 506, 352 IPC, Police Station Allau, District Mainpuri.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State.
Learned Counsel for the applicant submits that four of the assailants are shown to have assaulted employing firearms. These assailants are Sonu, Babloo @ Anil Singh, Gudda and Bambhole (the applicant). Of these four, Sonu is shown to be armed with a single barrel gun, Gudda a country made pistol, Bambhole a double barrel gun and Babloo @ Amil Singh an Addhi (country made weapon). It is argued by the learned counsel for the applicant that co-accused Sonu who has been shown to be armed with a single barrel gun, has been admitted to bail by Hon'ble Vivek Kumar Singh, J. vide order dated 08.02.2021 passed in Criminal Misc. Bail Application No.4161 of 2021 and that the applicant is entitled to bail on the foot of parity. Elucidating on his argument, it is submitted that the injuries are shown to be pellet injuries sustained by the victims Sushil and Deeksha, which could be caused both by a single barrel gun as well as a double barrel gun. It is on the aforesaid reasoning that the learned counsel claims parity. It is also argued that since there are four assailants, all employing firearms, it is difficult to say as to who was the author of the injury. It is asserted in paragraph No.19 of the affidavit that the applicant has no criminal history and is in jail since 26.01.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the co-accused similarly circumstanced has been admitted to bail, the fact that it cannot be said at this stage as to who is the author of the injuries, the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Bambhole @ Harendra Singh, in connection with Case Crime No. 123 of 2020, under Sections 147, 148, 149, 307, 504, 506, 352 IPC, Police Station Allau, District Mainpuri, be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
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 of opinion on the merits of the case. It is further clarified that 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 :- 6.4.2021 NSC