Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16201 of 2021 Applicant :- Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Gaurav in connection with Case Crime No. 13 of 2021, under Sections 307, 420, 411, 413, 414, 467, 468, 471 IPC, Police Station Chandpur, District Bijnor.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
The submission of the learned counsel for the applicant is that the applicant was not arrested on the spot. His name has figured on the basis of statement of co-accused, who were arrested in connection with a case relating to exchange of fire with the Police party where no one received any injury. It is submitted that the applicant has a criminal history of five cases, one of which is a contemporaneous implication under Section 25 Arms Act which is explained in paragraph no. 14 of the affidavit. The applicant is in jail since 09.01.2021.
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 it is a case of exchange of fire with the police party with no injury, the fact that the applicant's name has surfaced in a confession made by the co-accused to the Police while in custody with no evidence aliunde to connect the applicant to the crime, 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 Gaurav involved in Case Crime No. 13 of 2021, under Sections 307, 420, 411, 413, 414, 467, 468, 471 IPC, Police Station Chandpur, District Bijnor 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 a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the 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 complainant 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 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 :- 8.4.2021 Brijesh Maurya