Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44496 of 2021 Applicant :- Mohan Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Shekhar Gangal Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Mohan Singh seeking enlargement on bail during trial in connection with Case Crime No. 247 of 2021, under Section 147, 148, 307, 323, 504, 506, 325 I.P.C. registered at P.S.- Iglas, District- Aligarh.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated and has not committed the alleged offence. He further submitted that the role of firing has been attributed to the applicant but there is no firearm injury on the person of injured Manohar Singh. Further submitted that the applicant is languishing in jail since 26.07.2021.
Per contra, learned A.G.A. opposed the prayer for bail but conceded the fact that role of firing has been attributed to the applicant but there is no firearm injury on the person of the injured.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case particularly the fact that the role of firing has been assigned to the applicant but there is no firearm injury on the person of the injured, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Mohan Singh involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with 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.
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.
Order Date :- 24.12.2021 SA