Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42935 of 2021 Applicant :- Monu Opposite Party :- State of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.,Bhupendra Kuamr Tripathi
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 Monu seeking enlargement on bail during trial in connection with Case Crime No. 103 of 2020, under Sections 324, 504, 308 I.P.C. P.S.- Haldaur, District- Bijnor.
Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated. Injuries on the person of injured Anuj Singh is incised wound, which cannot be caused by hard and blunt object like stick. There are contradictions in the statement of injured and the medical report. He further submitted that specific role has not been assigned to the applicant and it cannot be determined at this stage as to who is the author of alleged injury. He further submitted that co-accused Ajay Pal has already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 31756 of 2020, vide order dated 10.12.2021 and claimed parity as the case of the applicant stands at par with the case of co-accused Ajay Pal. He next submitted that the applicant is languishing in jail since 01.09.2021.
Per contra, learned A.G.A. opposed the prayer for bail, however, conceded the factum of parity.
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 co-accused Ajay Pal has been granted bail, it is not clear as to who was the author of the alleged injuries and no specific role has been assigned to the applicant and on the ground of parity, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Monu 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 :- 17.12.2021 v.k.updh.