Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 76 of 2020, under Sections 147, 323 and 307 I.P.C., P.S. Gambhirpur, district-Azamgarh, is seeking enlargement on bail during the trial.
The first information report was lodged by the complainant against four named and one unknown person including present accused, alleging therein that on 19.5.2020 at about 4:00 p.m. when the father of the complainant was sitting at Baba Dhaba, then the present accused who is pattidar of the complainant came there and started maar-peet with his parents and sister. It was also mentioned in the FIR that present accused had fired at the father of the complainant, causing injury in his leg.
Learned counsel for the applicant submits that applicant side has already lodged the FIR though an application given under Section 156(3) Cr.P.C. against the informant side on 16.8.2020, which has been registered as FIR no. 0132 of 2020. Further submission is that there is also a cross version of the incident. Both the sides have received injuries, which the prosecution has not been able to explain. It is apparent that the prosecution has not come up with clean hands and it is difficult to ascertain at this stage as to which party is the aggressor. He lastly submits that the applicant who has no criminal antecedents to his credit and is in jail since 29.7.2020 is entitled to be enlarged on bail during the pendency of trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant,Ram Awadh Yadav @ Mulayam Yadav involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 7.1.2021 Faridul