Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22475 of 2021 Applicant :- Ravi Opposite Party :- State of U.P.
Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Shri Satendra Singh, 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. No active role has been assigned to the applicant. Referring to contents of F.I.R. as well as the statement of witnesses recorded under Section 161 CrPC it is further submitted that if these documents are taken into consideration then also main role for causing fire arm injuries to the deceased is assigned to co-accused Akash and Chhotu. What actual word was used by the applicant in making exhortation has also not been cleared in the aforesaid documents. Criminal case shown as criminal history was planted after arrest in this case. He is languishing in jail since 21.7.2020 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 and submitted that applicant was also present on the spot armed with fire arm. Co- accused caused fire arm injuries to the deceased on exhortation of the applicant. A prima facie case is made out against the applicant.
I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully.
In this matter, as is evident from the record, main role for causing fire injuries to the deceased is assigned to co-accused Akash and Chhotu. What actual word was used by the applicant in making exhortation has not been cleared. Hence, considering the entire facts and circumstances of the case and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 CrPC 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 Ravi involved in Case Crime No. 972 of 2020, under Sections 148, 149, 302, 34, 506, 120-B IPC, P.S. Vijaynagar, District - Ghaziabad 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 :- 6.10.2021 safi Digitally signed by OM PRAKASH Date: 2021.10.06 14:24:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad