Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16895 of 2021 Applicant :- Pradeep Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Pradeep, in Case Crime No. 681 of 2020, under Sections-304, 323 and 506 I.P.C. Police Station-Ghosi, District-Mau.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 11.02.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Four accused persons have been implicated with this contention of giving assault over deceased by Lathi Danda and thereby causing him fatal injuries; deceased was having four injuries, wherein one was over his arm; who gave fatal injury is not there; dispute occurred with regard to land; it was neither preplanned not with aggravation; co- accused Shiv Prasad and Anup, in similarly placed circumstances, have been granted bail by co-ordinate Bench of this Court, in Criminal Misc. Bail Application No. 5422 of 2021 and on the basis of above bail and grant of parity another Bench granted bail to another co-accused Amarjeet @ Amardeep, in Criminal Misc. Bail Application No. 8270 of 2021; the applicant is at par with those three accused persons.Bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent and three co-accused, with similar accusations, have been granted bail, as above.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Pradeep , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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 the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 16.8.2021 Deepak/