Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28402 of 2020 Applicant :- Pradum @ Mohit Opposite Party :- State of U.P.
Counsel for Applicant :- Amrit Shanker Dubey Counsel for Opposite Party :- G.A.,Sunil Kumar Yadav
Hon'ble Om Prakash-VII,J.
List revised. None is present for the informant.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that F.I.R. in the matter was lodged on 25.4.2020 whereas incident is said to have taken place on 21.3.2020. Referring to medical evidence it is also submitted that medical evidence does not support the oral version. Deceased was habitual drinker and due to that reason he was under treatment. When he died present F.I.R. was lodged on the basis of false facts. The applicant has no criminal history. He is languishing in jail since 23.5.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Pradum @ Mohit involved in Case Crime No. 201 of 2020, under Sections 323, 304 IPC, P.S. Jasrana, District - Firozabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 6.4.2021 safi