Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48129 of 2021 Applicant :- Harish Opposite Party :- State of U.P.
Counsel for Applicant :- Mahipal Singh Counsel for Opposite Party :- G.A.,Jagdish Prasad Mishra
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Harish, in Case Crime No. 776 of 2018, under Sections- 147, 148, 302/149, 323/149, 452 I.P.C., P.S. Khatauli, District- Muzaffar Nagar.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 11.10.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; first information report was got lodged on 21.8.2018 by Uddham Singh, against 8 named accused persons whereas chargesheet was filed against four persons, applicant was not named in it; during the trial, an application under Section 319 of Cr.P.C. was moved wherein Harish- present applicant and one Rajendra was summoned for offences, as above, whereas the summoning order was challenged before this Court in Criminal Revision No. 1011 of 2020, wherein, protection to Rajendra has been granted and applicant was arrested, previously, hence, he could have no protection. Hence, bail has been prayed for.
Learned AGA as well as learned counsel for the informant has vehemently opposed with this contention that applicant being said to be armed with gadasa and there is injury of gadasa over the person of deceased; statement of witnesses were perused, thenafter, summoning order was passed by the trial Court and there is every likelihood of tampering with the evidence, in case of release on bail.
Having heard learned counsels for both sides and gone through materials placed on record, it is apparent that chargesheet against applicant was not there; he has been summoned under Section 319 of Cr.P.C.; summoning order is under challenge in criminal revision and one accused with similar accusation has been granted protection.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Harish, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 22.12.2021 Kamarjahan