Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13676 of 2021 Applicant :- Pappu Opposite Party :- State of U.P.
Counsel for Applicant :- Janardan Prasad Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajai Tyagi,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
This bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.735 of 2020, under Sections 323, 504, 506, 307 I.P.C., Police Station Quarsi, District Aligarh during the pendency of trial.
Learned counsel for the applicant submits that a false and concocted F.I.R. has been lodged by the informant against the applicant. It is contended that there is an inordinate delay in lodging the F.I.R., the occurrence took place on 03.08.2020, whereas the report was lodged on 25.08.2020. Thus, this inordinate delay in lodging the F.I.R. has not been explained by the prosecution, which is fatal for the prosecution case. It is also submitted that it cannot be believed that the accused after inflicting knife injury to the victim, will take him for getting him treated and thereafter, send him to his house.
Further submission is that there is nothing on record to indicate that the injuries received by the victim were so grave in nature or in any manner, dangerous to life. Counsel has also drawn the attention of the Court to the injury report of the injured, according to which nature of the injury is simple and and no grievous harm has been caused to the victim. The applicant is languishing in jail since 17.10.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that applicant has criminal history of five cases.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Pappu be released on bail in the aforesaid case crime number on furnishing 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 order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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 on the merits of the case. 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 :- 30.7.2021 P.S.Parihar