Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31670 of 2021 Applicant :- Deepak Bhadana Opposite Party :- State of U.P.
Counsel for Applicant :- Saumitra Dwivedi,Vinay Saran(Senior Adv.) Counsel for Opposite Party :- G.A.,Prashant Kumar Singh
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Deepak Bhadana, in Case Crime No. 466 of 2-019, under Sections 147, 148, 149, 302, 307, 120-B read with 34 IPC, Police Station- Dhaulana, District-Hapur.
Sri Vinay Saran, learned senior counsel assisted by Sri Sumitra Dwivedi, 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 19.06.2021; 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 25.11.2019 by Sonu with specific contention of giving firearm shot, resulting instant injury and death of Sudhir and injury to many other persons attending marriage ceremony, whereas, in subsequent statement under Section 161 Cr.P.C., it was said by informant that some persons were giving cover and it was thought to be Deepak, but subsequently, it was found to be that he was not present on the spot; rather it was conspiracy; all other injured witnesses, in their statements, have said that two persons came inside marriage spot and did this indiscriminate firing resulting death of Sudhir and injuries to them, none has named to the applicant; same accusation with co-accused Sandeep has been enlarged on bail by the coordinate Bench of this Court in Crl. Misc. Bail Application no. 31404 of 2021. Hence, bail has been prayed for.
Learned AGA as well as Sri Prashant Kumar Singh, learned counsel for the informant has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard and gone through materials placed on record, 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, Deepak Bhadana, 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.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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 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 :- 25.10.2021 Dhirendra/