Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47621 of 2021 Applicant :- Nareendra @ Tanu Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Chandra Tiwari,Rajesh Kumar Dubey 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 seeking enlargement on bail during trial in connection with Case Crime No. 340 of 2021, under Section 307, 323, 324, 504 & 506 of I.P.C. registered at P.S.- Mandi Dhanura, District- Amroha.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Applicant has not committed the alleged offence. There is one day's unexplained delay in lodging the F.I.R. The prosecution story is false and fabricated. The allegations levelled against the applicant are fully false and baseless and case under aforementioned Sections is not made out against him. Further submitted that role of firing has been assigned to the applicant but there is no fire arm injury on the person of injured. Injured himself in his statement under Section 161 Cr.P.C. annexed at page no. 26 of the paper book has specifically stated that applicant fired upon him two times but he escaped. The applicant is languishing in jail since 23.08.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
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 the 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 role assigned to the applicant and there is no fire arm injury sustained to the injured, without expressing any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Nareendra @ Tanu 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 :- 22.12.2021 VPS