Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21689 of 2021 Applicant :- Ijlal Opposite Party :- State of U.P.
Counsel for Applicant :- Saleem Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned Counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.149 of 2020, under Sections 147, 148, 323, 325, 427, 452, 504, 506 & 307 IPC, Police Station Barla, District Aligarh, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to enmity. He has committed no offence. Prosecution story is false and fake. There is no evidence against the present accused. There is a cross case in which applicant and his side received injuries for which an FIR has been lodged bearing case crime no.150 of 2020 against the complainant and other persons. It is further submitted that it cannot be ascertained at this stage which party was aggressor. Injuries are not in vital part. Applicant is said to have assaulted with lathi. Applicant is in jail since 15.02.2021. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Sri M.P. Singh Gaur, learned AGA for State has not opposed the bail application and remained silent. It appears that he is not in a position to oppose it. He neither showed medical report nor read over the statement under Section 161 Cr.P.C. of any witness.
Considering the facts and circumstances of the case, submissions of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, allegations levelled against the applicant and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Ijlal be released on bail in the aforesaid case crime on his furnishing a personal bond and two heavy reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The applicant shall file computer generated copy of this order downloaded from the official website of Allahahad High Court. Authenticity thereof be verified by the authority concerned from the official website of this Court with a declaration of such verification in writing.
Order Date :- 27.7.2021 I.A.Siddiqui Digitally signed by RAJENDRA KUMAR Date: 2021.07.27 18:14:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad