Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15622 of 2021 Applicant :- Teetu And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicants Teetu and Omkar to release them on bail in Case Crime No. 192 of 2020 u/s 307, 323 I.P.C., P.S. Kotwali Sikandrau, District Hathras.
Heard learned counsel for the applicants and learned AGA representing the State. Perused the record.
Learned counsel for the applicants argued that the applicants are innocent and they have been falsely implicated in this very case crime number. Applicants are in jail since 01.01.2020 and there is no likelihood of applicants' fleeing from course of justice or tempering with evidence in case they are released on bail. Applicants are of no criminal antecedents. Occurrence took place on 25.05.2020 with regard to land dispute. Wherein Ajay Kumar, Vijay, Yogesh, Bantoo and Rinku gave assault by fire arm, resulting injuries to victims for which a case crime no. 191 of 2020 for the offences punishable under Sections 147, 149, 307, 506 IPC was registered at Police Station Sikandrau against Ajay Kumar, Vijay, Yogesh, Bantoo and Rinku. Upon report, in that very case crime, those accused persons have been enlarged on bail. For the same occurrence this concocted version was registered as case crime no. 192 of 2020 for the offence punishable under Sections 323, 307, by changing the time as 12.00, by Ram Gopal father of co-accused Ajay Kumar against Omkar, Anil, Umesh and Teetu, who are victims in above case crime no. 191 of 2020 and Teetu has been assigned role of firing for creating terror and Omkar has given role of assaulting of injury. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application, but could not dispute that the case crime no. 191 of 2020, for the occurrence of same date, in between the same parties, though there is change in time but offence is of same sequence and accused persons have been granted bail in above previously lodged case.
Having heard learned counsel for both sides and gone through materials on record, it is apparent that for the same consequence of offence FIR by present applicants was registered and the same was also punishable under Section 307 IPC along with other offences and all the accused persons have been granted bail. Present offence is on same consequence of offence.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicants, Teetu and Omkar, involved in above mentioned case crime number be released on bail on their executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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 the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 4.5.2021 AK Pandey