Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16657 of 2021 Applicant :- Kalu @ Amarpal And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Rai,Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicants who are involved in Case Crime No. 519 of 2020, under Sections 147, 149, 452, 323, 304, 504, 506 and 34 I.P.C., P.S. Sardhana, district-Meerut, are seeking enlargement on bail during the trial.
The FIR was lodged by the complainant against five persons, including present accused regarding an incident, which occurred on 3.11.2020 and it was alleged that all the accused persons came and attacked the wife and mother of the complainant and when the complainant reached at home, he was also assaulted by them. In the incident the mother of the complainant sustained injury and later on she died during treatment.
Learned counsel for the applicants submits that the applicants are absolutely innocent and have been falsely implicated in the present case due to some ulterior motive. General role of assault has been made against all the accused persons but as per postmortem report the deceased has received three injuries, in which two injuries were simple in nature. She has received only one grievous injury on her chest. He lastly submitted that the applicants, who are in jail since 26.1.2021 and have no criminal antecedents to their credit, are entitled to be enlarged on bail during pendency of the 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 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 applicants, Kalu @ Amarpal and Sajju @ Sanjay be released on bail in the aforesaid case on their executing 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 applicants shall attend the court according to the conditions of the bond executed by them.
(b) The applicants 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 :- 30.7.2021 Faridul