Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35018 of 2019 Applicant :- Umendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Yadav,Abhilasha Singh Counsel for Opposite Party :- G.A. Hon'ble Arvind Kumar Mishra-I,J. Case called out repeatedly.
It has been informed that the Bar Association of Allahabad High Court has given a call for strike today, therefore the learned counsels are not appearing in Court. However, Sri Om Narain Tripathi, learned A.G.A. Ist assisted by Sri Sanjay Kumar Rajbher, learned A.G.A., Sri Bhanu Prakash Singh, learned brief holder for the State have submitted that this bail may be considered and disposed of on merit.
I have heard the learned A.G.A.s/brief holder for the State and perused the record.
Upon perusal of the grounds of bail, as averred in the accompanying affidavit appended to this bail application, it transpires that in fact the informant side was initially attacked and injuries were sustained on its side. No specific role has been played by the applicant side. The applicant side itself lodged a report with the police station concerned regarding the incident which was registered at N.C.R. No. 1052 of 2019. However, in order to create pressure, the informant side also lodged a false report. The applicant has not played any specific role. Specific role of causing 'lathi' blow has been assigned to other co-accused Dharmveer, whereas, the case of the applicant is different.The applicant is languishing in jail since 15.05.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer for bail.
Considered the grounds urged in support of the bail application and also considered the submissions made by learned A.G.A./brief holder for the State, grounds urged are made out for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Umendra involved in Case Crime No. 176 of 2019, under Sections - 304, 323, 504, 506 I.P.C. Police Station - Sahaswan, District - Budaun be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 28.8.2019 N.A.