Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38627 of 2021 Applicant :- Harilal @ Hiralal Opposite Party :- State of U.P.
Counsel for Applicant :- Dinesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 65 of 2017, under Sections 308, 323 and 504 I.P.C., P.S. Chandpur, district-Fatehpur, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that there is a cross version of the incident. Two persons received injuries from the side of the prosecution, while two persons received injuries from the side of the defense, which the prosecution has not been able to explain. It is apparent that the prosecution has not come up with clean hands and it is difficult to ascertain at this stage as to which party is the aggressor. Doctor has not opined that the injury sustained by the injured are fatal to live. He next submits that the applicant who has no criminal antecedents to his credit and is in jail since 19.8.2021, is entitled to be enlarged on bail during the pendency of trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
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 both the sides have sustained injuries, considering that injuries are simple in nature, 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, Harilal @ Hiralal 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 :- 25.10.2021 Faridul