Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52475 of 2021 Applicant :- Praveen Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.315 of 2020, under Sections 307, 452 I.P.C., Police Station- Awagarh,, District- Etah.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated. According to X-Ray report, neither any fracture or any grievous injury has been reported. No offence under Section 307 I.P.C. is made out agasint the accused-applicant. Learned counsel further submitted that the applicant has no previous criminal history. The applicant who is in jail since 20.11.2020 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. submitted that accused-applicant is named in the F.I.R. and he fired with country made pistol on the informant which hit him causing injuries on the vital part of his body. On the aforesaid ground, the bail is opposed.
The medical report of the injured reveals that three multiple abrasion on the different part of the body but in the X-Ray report it is mentioned that neither any foreign body nor gun powder was seen. Considering the rival contentions of the parties, allegations made in the F.I.R., nature of injuries and all other attending circumstances, in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant- Praveen involved in the aforesaid case, be enlarged on bail on his executing 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 such order downloaded from the official website of High Court, Allahabad.
The concerned Court 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 22.12.2021 Krishna*