In view of COVID-2019 pandemic, the matter is being heard through video conferencing.
Heard learned counsel for applicant, learned AGA for the State on video conferencing and perused the record.
The instant application has been filed for bail of Bhure @ Riyaz, involved in Crime No.11 of 2021, under Sections 307, 323, 504, 506, 324 IPC, Police Station- Dargah Sharif, District- Bahraich.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. Learned counsel further submits that no stab injury has been found on the injured persons. Learned counsel further submits that initially the FIR was lodged under Sections 323, 504, 506, 324 IPC but in order to create gravity in the offence, the offence of Section 307 IPC was later on added. Learned counsel further submits that co-accused Golu @ Niyaz has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 10.02.2021 passed in Bail No.1756 of 2021 (Golu @ Niyaz Vs. State of U.P.).
Learned counsel for the applicant further submits that the applicant is a law abiding person, languishing in jail since 11.01.2021 without having any criminal history. Learned counsel further submits that if the applicant is released on bail he will not misuse the liberty granted by this Court.
Learned AGA vehemently opposed the prayer for bail but did not dispute the factual submission advanced by learned counsel for the applicant. Learned AGA further submits that in view of gravity of offence, applicant is not entitled to be released on bail.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
The application for bail is allowed.
Let the applicant- Bhure @ Riyaz involved in the aforesaid case crime be released on bail on his furnishing a personal bond with 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 witness.
iii. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
iv. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
v. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case (ii) framing of charge and (iii) recording of statement under Section 313 CrPC (iv) argument / judgment.
vi. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 12.4.2021 Ashutosh Pandey