Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16398 of 2021 Applicant :- Chandraveer Opposite Party :- State of U.P.
Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Chandraveer, in connection with Case Crime No. 46 of 2021, under Sections 147, 148, 149, 323, 504, 506, 307 IPC, Police Station - Ghiror, District - Mainpuri.
Heard learned Counsel for the applicant and Mr. Shashi Shekhar Tiwari, learned A.G.A. appearing for the State.
It is submitted by learned Counsel for the applicant that according to the prosecution case, brother of the informant was shot at by the applicant and other co-accused, numbering six, where he received a bullet injury to his arm, causing him to fall. It is argued that a perusal of the medico-legal report dated 11.02.2021, shows that the victim has sustained a solitary injury, which is an abrasion 3.1 cm x 2 cm. on the left lateral aspect of the arm. In the opinion of the doctor, the injury is simple in nature and may be caused by a hard and blunt object. It is argued that the nature the injury does not correspond with the ocular version, ex-facie. It is next submitted that the applicant has prior criminal history of one case, followed by four cases after the present crime, all of which have been explained in paragraph nos. 14 and 15. The applicant is in jail since 15.02.2021.
The 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 injury sustained prima facie appears to be not one in accord with the ocular version, 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 - Chandraveer 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 this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of the order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned 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 condition(s) 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 :- 7.4.2021 I. Batabyal