Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35027 of 2021 Applicant :- Sameer Opposite Party :- State of U.P.
Counsel for Applicant :- Hitesh Pachori,Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A.,Piyush Dubey
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
None appears on behalf of complainant.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 0030 of 2021 under Sections 452, 307 I.P.C. registered at P.S.- Madan Mohan Gate, District- Agra.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Applicant and victim were good friends and were in love. One day's delay in lodgement of F.I.R. has not been explained. Injuries on the person of the victim are simple in nature as per opinion of doctor. Applicant has not caused any injury to the injured. Further submitted that victim in her statement recorded under Section 161 Cr.P.C., annexed at page no. 36 of the paper book, has stated that applicant stabbed injured several times in her hand and in her neck but doctor has opined in medico-legal report that injuries have been caused by hard and sharp object. Further submitted that the applicant is languishing in jail since 28.05.2021.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.
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 the accused and all other attending circumstances were duly considered.
Intention to commit murder is gathered from the facts and circumstances of each case. Main determinants are nature and amount of injury, nature of weapon used, vital organ of the body where the injury has been caused and peculiar circumstances of that particular case. So far as the facts of the present case are concerned, in the medical report annexed with Supplementary-Affidavit, injuries are said to be simple in nature, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Sameer 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 :- 22.12.2021 A. Mandhani