Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41339 of 2021 Applicant :- Rishi And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Shravan Kumar Pandey,Shyam Narain Pandey Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants Rishi and Sahil seeking enlargement on bail during trial in connection with Case Crime No. 358 of 2019, under Sections 323, 324, 325, 308, 504, 506 I.P.C. registered at P.S.- Kakadev, District- Kanpur Nagar.
Submission of learned counsel for the applicants is that applicants are innocent and have been falsely implicated. Applicants have not committed the alleged offences. Specific role has not been assigned to the applicants. There are only general allegations against the applicants. One day delay in lodging the FIR has not been explained. Maximum punishment provided under section 308 IPC is 7 years. Further submitted that the applicant is languishing in jail since 27.05.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, specific role has not been assigned to the applicants, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicants Rishi and Sahil involved in the aforesaid case crime, be released on bail on their furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
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.
Order Date :- 21.12.2021 v.k.updh.