Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28329 of 2021 Applicant :- Diwari Lal Opposite Party :- State of U.P.
Counsel for Applicant :- Kameshwar Rao Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Crl. Misc. Exemption Application No.1 of 2021 is allowed. Supplementary affidavit filed today is taken on record.
Heard Sri Kameshwar Rao, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case due to malafide intention. No prima facie case is made out against the applicant. Referring to the contents of the F.I.R., it is further argued that no specific role has been assigned to the applicant in it. If entire prosecution case is taken into consideration, then also applicant was simply standing at the place of occurrence. No active role has been played by the applicant in committing the present offence. It is further argued applicant is languishing in jail since 29.5.2021 having no criminal antecedents. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Diwari Lal involved in Case Crime No.157 of 2021 under Sections 323, 307, 120-B IPC, Police Station Bichhawan, District - Mainpuri be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
4. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 26.10.2021 ss