Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44304 of 2021 Applicant :- Sagar Opposite Party :- State of U.P.
Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, 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 applicant Sagar seeking enlargement on bail during trial in connection with Case Crime No. 893 of 2021, under Section 147, 148, 149, 323, 325, 307 I.P.C. registered at P.S.- Sector-49 Noida, District- Gautam Buddha Nagar.
Submission of the learned counsel for the applicant-Sagar is that applicant is innocent and has been falsely implicated. He further submitted that the applicant has not committed the alleged offence. The alleged incident took place on 12.8.2021 but F.I.R. was lodged on 14.8.2021. The delay of two days in lodging the F.I.R. has not been explained. Further submitted that injured Gaurav Kumar was admitted in hospital on 13.8.2021 and was discharged on same day i.e. 13.8.2021. There is no grievous injury on the vital organ of the injured. The offences under Sections 147, 148, 149, 323, 325, 307 I.P.C. are not made out against the applicant. The applicant is not named in the F.I.R. There is no direct or circumstantial evidence against the applicant. No incriminating article has been recovered from the possession of the applicant. The name of the applicant surfaced in the confessional statement of co-accused. Further submitted that the applicant is languishing in jail since 18.08.2021.
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 particularly two days unexplained delay in lodging the F.I.R. by the prosecution, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Sagar involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant 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 :- 24.12.2021 SA