Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39435 of 2021 Applicant :- Sonu @ Vishal Khan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.,Mohd. Monis
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicants, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants seeking enlargement on bail during trial in connection with Case Crime No. 164 of 2020 under Sections 147, 148, 149, 323, 506, 308 I.P.C.
registered at P.S.- Thana Bhawan District- Shamli.
Submission of learned counsel for the applicants is that applicants are innocent and have been falsely implicated in this case. They have not committed the alleged offence. After collection of evidence, Investigating Officer has submitted charge-sheet against the applicants. Further submitted that there is cross-version of the present case. It cannot be determined at this stage as to which party is the aggressor. No specific role has been assigned to the applicants. Next submitted that in offence u/s 308 I.P.C., maximum punishment provided therein is seven years. Applicants have no criminal history. Further submitted that the applicants are languishing in jail since 26.08.2021.
Per contra, learned counsel for the complainant and learned A.G.A. opposed the prayer for bail and submitted that applicants along with co-accused persons had beaten the injured persons for about half an hour and caused grievous injuries, however conceded the factum of cross-case.
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.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that there is cross-case, at this stage, it cannot be determined as to which party is aggressor, no specific role has been assigned to the applicants, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicants Sonu @ Vishal Khan, Visar Khan and Jamshed involved in the aforesaid case crime, be released on bail on their furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants 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, they 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 :- 21.12.2021 A. Mandhani