Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16066 of 2021 Applicant :- Dinesh And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicants, Dinesh and Vijay, in connection with Case Crime No. 59 of 2020, under Sections 147, 148, 149, 323, 307, 452, 504, IPC, Police Station Matsaina, District Firozabad.
Heard Mr. Arvind Agrawal, learned Counsel for the applicants and the learned A.G.A. appearing for the State.
The submission of learned counsel for the applicants is that relating to the same incident dated 10.03.2020, there are cross- version reported through two FIR's. The FIR lodged by the applicants' side bears Crime No.60 of 2020, under Sections 147, 148, 149, 323, 504, 302, IPC, Police Station Matsaina, District Firozabad, whereas the FIR lodged against the applicants bears Crime No.59 of 2020, under Sections 147, 148, 149, 323, 307, 452, 504, IPC, Police Station Matsaina, District Firozabad. It is next pointed out that on the applicants' side there is one injured, to wit, Rahul, who has sustained a gun shot wound to his abdomen, whereas on the complainant's side, three persons have sustained injuries, with two of them receiving gun shot wounds and the third, simple injuries. The submission of learned counsel for the applicants is that it is a case where there are cross versions and it is difficult to say at this stage as to which sides were the aggressors. It is emphasized that the applicants have no criminal history, as asserted in paragraph No.20 of the affidavit and that they are in jail since 17.02.2021. 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 there is a cross version, where both sides have sustained injuries, the fact that the applicants have 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 applicants, Dinesh and Vijay, in connection with Case Crime No. 59 of 2020, under Sections 147, 148, 149, 323, 307, 452, 504, IPC, Police Station Matsaina, District Firozabad, 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 applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the Trial Court.
iv) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicants 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