Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20464 of 2021 Applicant :- Kuldeep Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Kumar Saxena,Jeetendra Kumar Sharma Counsel for Opposite Party :- G.A.,Anurag Shukla
Hon'ble Raj Beer Singh,J.
Hard copy of the counter affidavit on behalf of the State has been produced in Court today. Office is directed to upload the copy of counter affidavit in the appropriate e-file of the case.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the entire record.
The present second bail application has been filed by the applicant in case crime No. 548/2020, under Sections 147, 148, 323, 304, 504 IPC, police station Bidhuna, District Auraiya with the prayer to enlarge the applicant on bail. The first bail application of applicant was dismissed as withdrawn with liberty to file a fresh application vide order dated 18.03.2021.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that FIR was lodged against six accused persons including applicant making general and omnibus allegations against all the accused persons. It was further submitted that alleged incident took place during Ramleela and that there was no previous enmity between the parties. It was also submitted that in the incident, from the side of applicant, four persons including two brothers of applicant have sustained injuries and that a cross case was also lodged from the side of applicant vide crime no. 549/2020, under Sections 147, 323, 504 IPC and Section 3(1)(R) and 3(1)(S) of SC/ST Act, P.S. Bidhuna, district Auraiya. It was also submitted that deceased has sustained two injuries and that there is no such specific evidence that which of the accused is author of the same and that only general role has been assigned to all the accused persons. Learned counsel has submitted that similarly placed co-accused Dilip Kumar @ Rudra and Kaushal have already been enlarged on bail by coordinate Bench of this Court, copy of which has been produced and the same is taken on record. It has further been argued that the applicant is in judicial custody since 04.12.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that applicant is named in the FIR and that in the alleged incident besides the death of deceased, seven persons have sustained injuries. It was submitted that in fact the alleged version of crime no. 549/2020 is not the cross-case of this incident and that both the incidents have taken place at different spots and in this connection learned counsel for first informant has referred copy of site plan. It was also submitted that in fact applicant Kuldeep is the main accused as initially the quarrel has taken place with him. It was further submitted that there are eye witnesses of incident. However it could not be disputed that the similarly placed co-accused have already been granted bail by coordinate Bench of this Court.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the present second bail application is hereby allowed.
Let the applicant Kuldeep involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 20.9.2021 Anand Digitally signed by Justice Raj Beer Singh Date: 2021.09.21 10:17:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad