Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20880 of 2021 Applicant :- Shiv Shankar Maurya Opposite Party :- State of U.P.
Counsel for Applicant :- Amar Bahadur Maurya,Shiv Kumar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Ajai Tyagi,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
This bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No.715 of 2020, under Sections 147, 323, 504, 506, 308, 354 Kha I.P.C., Police Station Shivpur, District Varanasi during the pendency of trial.
It is argued by the learned counsel for the applicant that nothing incriminating has been recovered from the possession of the applicant and the injuries which are said to have been caused to the victim, are simple in nature. Further submission is that there is nothing on record to indicate that the injuries received by the victim were so grave in nature or in any manner, dangerous to life. It has also been pointed out that the accused is not having any criminal history and he is in jail since 22.03.2021 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicants.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicants have made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Shiv Shankar Maurya be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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 on the merits of the case. 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 :- 30.7.2021 P.S.Parihar