Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15674 of 2021 Applicant :- Mukesh Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Mukesh, in connection with Case Crime No. 10 of 2021, under Sections 147, 148, 149, 323, 504, 506, 332, 353, 307 IPC, Police Station Jahangirpur, District Bulandshahr.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State.
The submission of learned Counsel for the applicant is that there is a general allegation of assault on the police party at the instance of a shopkeeper Vedveer, who had stocked smuggled liquor from Haryana and some Gaanja. The applicant has not been assigned any specific role in the assault and his presence is doubtful, because he is neither related to the shopkeeper nor the owner of the shop. It is pointed out that the injuries sustained by the police personnel are not demonstrably grievous and it appears that the police party have implicated the applicant in order to penalize natives of the village where they seem to have been assaulted by the shop owner and his family. It is submitted that the applicant has no criminal history and is in jail since 27.01.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the applicant is not the owner or a relative of the shop owner wherefrom the alleged smuggled liquor was recovered, in consequence of which, the police party were assaulted, the fact that there is prima facie no material on record to show that grievous injury was sustained by any of the police personnel, the fact that there is no tangible evidence on record to specifically indicate that the applicant was present, the fact that the applicant has been assigned a general role, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Mukesh, in connection with Case Crime No. 10 of 2021, under Sections 147, 148, 149, 323, 504, 506, 332, 353, 307 IPC, Police Station Jahangirpur, District Bulandshahr, be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) 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 case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 6.4.2021 NSC