Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28761 of 2021 Applicant :- Bine @ Banti Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi,Deepak Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.,Rajendra Kumar Singh
Hon'ble Rajiv Joshi,J.
Heard Sri Deepak Kumar Tripathi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant seeking bail in Case Crime No.321 of 2021, under Sections 323, 325, 504, 308 I.P.C., Police Station Seohara, District Bijnor during the pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. As per F.I.R., the applicant and three other co-accused persons abused and assaulted the injured with the help of lathi and danda as a result there of three persons namely, Rampal (first informant), Pinki and Mithilesh sustained injuries. It is further contended by learned Counsel for the applicant that the general allegation has been levelled against all the accused persons including the applicant and from the allegations made in the F.I.R. as well as statement of the informant and injured it is not apparent that, who is the author of the injuries caused to the injured. It is next contended that the injury report of all three injured persons suggests that there is an elbow joint fracture in the medical report of first informant, the injuries received by Pinki are simple in nature while there is a injury on the forehead in the injury report of Mithilesh, which was conducted at private Hospital. The injuries sustained to the injured does not connect with the offence under Section 308 I.P.C. It is further contended that offence under Section 308 IPC attempt to commit culpable homicide shall be punished with imprisonment or description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
It is also contended by learned Counsel for the applicant that the applicant and injured including the first informant belongs to the same family and due to some misunderstanding the incident was happened. Lastly it is contended that the applicant is in jail since 02.07.2021 having no criminal history to his credit as stated in paragraph no.11 of the affidavit filed in support of the bail application and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant, Bine @ Banti involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 6.10.2021 S.P.