Learned A.G.A. informs that complete case diary is available with him and charge-sheet in the matter has already been filed.
Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused/applicant- Koore @ Salman @ Javed Shah for grant of bail, in Case Crime No. 265 of 2020, under Sections 307, 269, 270, 34 I.P.C. and Section 51 of Disaster Management Act, 2005, Police Station Peeparpur, District Amethi, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the applicant has been falsely implicated in this case only on the basis of local enmity and he has not committed any offence as claimed by the prosecution.
It is further submitted that even if the story of the prosecution is taken on its face value, the injured in his statement recorded under Section 161 Cr.P.C. has stated that the assault with the 'knife' was done upon him by Kallu and the role of the instant applicant was of only 'catching hold'. The injury allegedly sustained by the injured- Wazid Ali, as per the injury report dated 31.05.2020 is stated to have been simple in nature. The recovery of the 'knife' is also stated to have been effected on the pointing of the co-accused Kallu and, therefore, the role of the instant applicant is distinguishable than the role of co-accused Kallu.
It is also submitted that charge-sheet in the matter has already been submitted and the applicant is in jail in this matter since 02.08.2020 without any criminal antecedents and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.
Learned A.G.A., however, opposes the prayer for bail of the applicant, but could not controvert the other factual submissions made by the learned counsel for the accused-applicant.
Having regard to the overall facts and circumstances of the case, I find substance in the submissions made by learned counsel for the applicant for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.
Let the applicant- Koore @ Salman @ Javed Shah involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not make any attempt to communicate either with the informant or with the injured.
(ii) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(iii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iv) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 11.2.2021 Praveen