Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42345 of 2021 Applicant :- Guddu Opposite Party :- State of U.P.
Counsel for Applicant :- Yagyadhar Tripathi,Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Ajai Kumar Srivastava, learned counsel for the informant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime 161 of 2021, under Sections 304, 323, 504 and 506 I.P.C., P.S. Barkhera, district-Pilibhit, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that there is a cross version of the FIR. A cross FIR was also lodged against the complainant side, which was registered as Case Crime no. 160 of 2021 on the same day, i.e. 5.5.2021. Neither the incident was preplanned nor premeditated but it happened as a result of sudden fight at the spur of moment. General allegation of assaulting the deceased has been made against three persons, in which the deceased Sarvesh has received one fatal injury on his head but it was not specified that who was the author of the injury. He lastly submits that the applicant, who is in jail since 11.5.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A., as well as learned counsel for the informant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering that there is general allegation, considering that no specif role has been assigned to the applicant, considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Guddu be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 Faridul