Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21200 of 2021 Applicant :- Prince Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Ram Bahadur Singh, learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 36 of 2021, under Sections 323, 504, 308 IPC, Police Station Expressway, District Gautam Buddh Nagar, during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. As per the first information report, which was lodged against two named accused persons including the applicant and two unknown persons with the allegation that all the accused persons abused the husband of the informant and assaulted him with the help of lathi and danda, as a result thereof, he sustained injuries. It is next contended by learned counsel for the applicant that general allegation of assault has been assigned to all the accused persons and from the allegation of the first information report as well as statement of the informant and the injured, it is not apparent who is the author of the injuries caused to the injured. It is next contended by learned counsel for the applicant that as per the injury report, it cannot be said that the offence under Section 308 is attracted against the applicant. The charge sheet has already been filed against the applicant and other co-accused persons.
It is next contended by learned counsel for the applicant that co-accused Manish, having similar role, has been granted anticipatory bail by the co-ordinate Bench of this Court vide order dated 1.6.2021 passed in Criminal Misc. Anticipatory Bail Application No. 10139 of 2021. It is next contended by learned counsel for the applicants that the offence under Section 308 IPC is attempt to commit culpable homicide and maximum sentence is for three years and if, hurt is caused to any person by such act, shall be punished for with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. It is lastly contended that the applicant has no previous criminal history. He is in jail since 10.03.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.
Learned AGA appearing for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicant.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Prince involved in the aforesaid crime be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
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 :- 6.10.2021 Noman