Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27703 of 2021 Applicant :- Madan Opposite Party :- State of U.P.
Counsel for Applicant :- Javed Khan Counsel for Opposite Party :- G.A.,Devi Prasad Tripathi,Manish Kumar Pandey
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Madan, in Case Crime No. 288 of 2021, under Section- 304 I.P.C. P.S. Majhola, District- Moradabad.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 28.4.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; all co-accused have been assigned the role of giving assault that too, after the quarrel occurred in between; injury sustained by deceased were given in autopsy examination report; there are four injuries, three of them are over limbs and one injury is over the neck, that too, of dimension 3cm X 2cm, who was the author of this injury is not there; co-accused persons have been enlarged on bail by Co-ordinate Bench of this Court. Hence, bail has been prayed for.
Learned AGA as well as learned counsel for the informant has vehemently opposed with this contention that those co-accused, who have been enlarged on bail, have been assigned with the role of giving assault by hands and feet, whereas in the additional statement under Section 161 of Cr.P.C., it is there that applicant gave blow by danda and there is recovery of danda from him.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Madan, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 27.10.2021 Kamarjahan Digitally signed by RAM KRISHNA GAUTAM Date: 2021.10.29 09:37:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad