Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10136 of 2021 Applicant :- Ghanshyam Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Ramanand Gupta,Harshit Gupta Counsel for Opposite Party :- G.A.,Satendra Tirpathi
Hon'ble Ajai Tyagi,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
This bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.0143 of 2020, under Sections 147, 148, 307, 323, 352, 506 IPC, P.S.-
Bhaluani, District-Deoria, during the pendency of trial.
It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is also contended that eight persons were named in the FIR, out of whom seven persons are granted bail. He submits that it is a cross-case and there is no serious injury to the injured person. No specific role has been assigned to any of the accused. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused, have also been touched upon at length. It is also stated that the accused appellant is said to attack injured Sanjay Singh by sword, but injury report of injured shows injury No.1 as lacerated wound but its depth is only 3cm x 0.2cm bone deep on right side forehead. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is languishing in jail since 18.01.2021.
Per contra, learned Additional Government Advocate has vehemently opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that it is a fit case to release the applicant on bail. Hence, the bail application is hereby allowed.
Let the applicant-Ghanshyam be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it along with a self attested identity proof of the said person(s) (preferably AADHAR card) mentioning the mobile number(s) to which the said AADHAR card is linked.
The concerned court/authority/official 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.
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. 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 :- 30.7.2021 LN Tripathi