Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44823 of 2021 Applicant :- Nauratan Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.356 of 2020, under Sections 307 and 506 I.P.C., Police Station- Dhanari, District- Sambhal.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to previous enmity. The statement of injured has been recorded after 72 days of the incident. The injured has manipulated and fabricated the injuries with the help of doctor. He has not received any injuries, therefore, the applicant has moved an application before the District Magistrate Sambhal for reexamination of the injuries of injured. However, on the direction of the District Magistrate Sambhal the Chief Medical Officer Sambhal has wrote a letter dated 09.02.2021 to authority concerned for reexamination of the injuries of injured. Despite fixing of date twice, he did not appear before the Medical Board and hence, injuries could not be examined by the Medical Board. Learned counsel for the applicant further contended that the injuries are on leg which is non-vital part of the body. It is next contended that the applicant has no previous criminal history. The applicant who is in jail since 09.06.2021 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. has opposed the prayer for bail and submitted that with intention of causing death accused-applicant has fired shots on the injured. He is named in the F.I.R., hence, the bail application is opposed.
Considering the rival contentions of the parties, the material on record, nature of offence, evidence, complicity of accused, severity of punishment, all attending circumstances of the case and in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant - Nauratan involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 28.10.2021 Krishna*