Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45002 of 2021 Applicant :- Prince Nain @ Pallad Opposite Party :- State of U.P.
Counsel for Applicant :- Abhinav Gaur,Ankit Shukla,Mohd. Rashid Siddiqui,Sr. Advocate 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 brought on record.
The present bail application has been filed by the applicant- Prince Nain alias Pallad with a prayer to enlarge him on bail in Case Crime No.868 of 2021, under Section- 307 I.P.C., Police Station- Badaut, District-Baghpat.
Learned counsel for the applicants contended that it has been alleged in the FIR that son of the informant was taken away by the accused and another co-accused persons in the forest with intention to cause death. According to injury report two lacerated wounds have been found on the body of the injured which both are on the back of the body. The doctor has not given any opinion about the nature of the injures and it was referred to expert opinion. No supplementary report has been filed. The X-Ray report of private hospital Aastha Mustispeciality Hospital is there and nothing abnormal have been deducted in it. So it is not clear that the injuries have been caused by fire arms. It is the probability that the injuries may have been caused by falling from the tree. The applicant having no previous criminal antecedent and is languishing in jail since 25.08.2021 and further undertakes that he will not misuse the liberty and will co-operate in trial, in case he is released on bail.
Learned A.G.A. has vehemently opposed the bail application and submitted that the accused-applicant is named in the FIR and there is the allegation of fire shot injury on the body of the injured. Hence bail is opposed.
Considering the rival submissions of the parties, nature of offene, nature of injuries and its location, severity of punishment and all other attending circumstances without expressing any opinion on merit of the case, the Court is of the view that a case of bail is made out.
Accordingly, bail application is allowed.
Let the applicant-Prince Nain alias Pallad involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. During trial, he shall not indulge in any criminal activities.
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.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 29.10.2021 C. MANI