Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15862 of 2021 Applicant :- Shera @ Rinku Opposite Party :- State of U.P.
Counsel for Applicant :- Bhaiya Ram Maurya Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Shera alias Rinku in connection with Case Crime No. 140 of 2016, under Sections 147, 148, 149, 307, 323, 504, IPC, Police Station Kuraoli, District Mainpuri.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State.
It is submitted by learned counsel for the applicant that there are two cross versions relating to the same incident dated 30.04.2016. An FIR against the applicant nominating seven accused including himself was lodged by Prempal, giving rise to Crime No.140 of 2016 under Sections 147, 148, 149, 307, 323, 504, IPC, Police Station Kuraoli, District Mainpuri, whereas an FIR relating to the same incident was lodged on the applicant's side by Indrapal, giving rise to Crime No.139 of 2016, under Sections 307, 325, 323, 504, 506, 427 IPC, Police Station Kuraoli, District Mainpuri. It is submitted that after investigation into the crime registered against the applicant and the other co-accused, the applicant was exculpated with Manjeet alone being charge-sheeted by the police. It is during trial that the applicant was summoned under Section 319 Cr.P.C., and has now been denied bail. It is submitted further that the charge-sheeted accused Manjeet, who had been assigned the role of assault by a laathi, the blow being delivered to Vivek has been admitted to bail by this Court vide order dated 12.07.2016. It is argued that the applicant has been credited with the role of assault by a laathi to another victim, Hardayal. It is particularly argued that there is patently cooked up evidence against the applicant on which the Trial Court, placing reliance, has summoned him to stand trial. It is urged that while he may face trial, he ought not to be detained in jail, pending trial. It is also argued that there being cross cases relating to same incident, it is difficult to say, at this stage, as to which party were the aggressors. It is also submitted that the applicant has no criminal history and is in jail since 15.02.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that there are cross cases, the fact that the applicant was exculpated during investigation, the fact that the applicant has been summoned under Section 319 Cr.P.C., the fact that a charge-sheeted accused Manjeet, who was credited with the role of delivering a laathi blow, has been admitted to bail, the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Shera alias Rinku in connection with Case Crime No. 140 of 2016, under Sections 147, 148, 149, 307, 323, 504, IPC, Police Station Kuraoli, District Mainpuri, be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) 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.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 5.4.2021 NSC