Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7357 of 2021 Applicant :- Piyush Opposite Party :- State of U.P.
Counsel for Applicant :- Birendra Singh Khokher Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 98 of 2020, under Sections 147, 148, 149, 452, 307, 302 and 34 I.P.C., P.S. Titavi, district-Muzaffarnagar, is seeking enlargement on bail during the trial.
As per F.I.R. which has been lodged by Kusum Lata, on 9.04.2020 at about 8:30 p.m., her husband, Manoj, brother, Nitin and uncle, Krishna Pal were having food at home then all of a sudden, applicants and other co- accused named in the F.I.R. came armed with rifle, gun, country-made pistol and lathi-danda and started assaulting the informant side. Nitin fell down after receiving fire-arm injury and Krishna Pal and Manoj have also received various injuries, thereafter, Nitin died in this occurrence. In post- mortem report, only one entry wound of fire-arm is found to have been sustained by the deceased.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case. It is next argued that from the side of informant also, assault was made upon the accused side for which F.I.R. was lodged on the same day in Crime No. 101 of 2020, copy of which is annexed at page nos. 66-67 of the paper book and from the side of accused, there are two injured too i.e. Ashu Malik and Mayank who have received fire-arm injury, their injury memo and supplementary-report are annexed at page nos. 70-76 of the paper book, therefore, it is argued that who is the aggressor has to be decided in trial and moreover general role has been assigned to all the accused and who was the person who had caused vital injuries to the deceased, is not identifiable. Co-accused, Aashu and Mayank have already been granted bail by another Bench of this Court in Crl. Misc. Bail Application No.
43958 of 2020 vide order dated 17.11.2020, copy whereof has been filed as Annexure-SA2 to the supplementary affidavit., therefore, applicant has also claimed parity. The accused applicant is in jail since 22.10.2020; if the accused applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant and learned A.G.A. have opposed the bail and stated that no reference was made in the F.I.R. of the informant that accused had also assaulted the informant side.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Piyush be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 16.8.2021 Faridul