Supplementary affidavit, filed today in Court, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 260 of 2020, under Sections 269, 279, 337, 324, 352, 307, 504, 506 IPC, Police Station Gauri Bazar, District Deoria, during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted thaton account of assault made by the applicant, victims Akash and Suraj Singh suffered injuries and their injury reports show that their injuries are simple in nature. They have already been discharged from the hospital on 25.09.2020 and 26.09.2020 respectively and their injuries cannot be said to be dangerous to life. Police report has also been submitted.
Learned counsel for the applicant has next submitted that the applicant is in jail since 20.09.2020 and has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he may be released on bail.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 20.09.2020 and has no criminal history to his credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of counsel for the parties and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Sahil Ansari be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of 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. The applicant will not tamper with the witnesses.
3. The applicant 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 bail application is accordingly allowed.
Order Date :- 11.1.2021 NA