Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15547 of 2021 Applicant :- Pankaj Kumar @ Bantu Dohre Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar,Rajeev Kumar Saxena Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Pankaj Kumar @ Bantu Dohre, in connection with Case Crime No. 04 of 2021, under Sections 147, 323, 307, 504, 506, IPC, Police Station Dibiyapur, District Auraiya.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State.
It is submitted by the learned Counsel for the applicant that he has been falsely implicated. The FIR discloses a case of assault by the applicant, co-accused Shera and five to six unknown offenders who beat up the applicant employing sticks (laathi/danda), followed by someone unspecified amongst them, opening fire with an intent to kill. It is argued that it has not been specified as to which amongst the assailants opened fire. Learned counsel for the applicant has invited the Court's attention to the injury report that shows nine injuries, seven of which are abrasion and two multiple abrasions. A supplementary report has also been placed which shows that none of the injuries are grievous. It is argued that apart from the fact that a general role of assault has been assigned with the role of shooting not at all assigned to the applicant, none of the injuries indicate any gun shot wound. It is particularly argued that none of the injuries sustained are grievous in nature, and far less, dangerous to life so as to make out a case under Section 307 IPC. The applicant has a criminal history of four cases, which he has explained in paragraph Nos. 14 and 16 of the affidavit. The applicant is in jail since 03.02.2021.
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 there is a common role of assault assigned to all accused, the fact that there is no specific allegation against the applicant about opening fire with an intent to kill, the fact that the injury report does not disclose any gun shot wound, the fact that all injuries are abrasion and simple in nature, but not grievous and prima facie, not life threatening, 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, Pankaj Kumar @ Bantu Dohre, in connection with Case Crime No. 04 of 2021, under Sections 147, 323, 307, 504, 506, IPC, Police Station Dibiyapur, District Auraiya, 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 :- 7.4.2021 NSC