Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43506 of 2021 Applicant :- Shubham Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 25/2020, under Sections 147, 148, 452, 323, 308 IPC, police station Sikandra, District Agra with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that the FIR was lodged against four named persons including applicant and 10- 15 unknown persons, alleging that they have trespassed into the hospital of first informant and caused injuries to one of the staff of hospital, namely, Jaiveer. Learned counsel has referred statement of injured Jaiveer and submitted that only general allegations of assault have been made against all the accused persons and that no specific role has been assigned to the applicant. Learned counsel has submitted that injured has sustained only one injury at head and there is no such specific evidence that which of the accused is author of the said injury. It was also submitted that even as per injured, he was having enmity with one Tarun and that applicant has no motive at all to cause any injury to the injured and that no recovery of any incriminating article has been shown from the applicant. It has further been argued that the applicant is in judicial custody since 13.09.2021, having no criminal history and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Shubham involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 28.10.2021 Anand