Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8498 of 2021 Applicant :- Vinod Opposite Party :- State of U.P.
Counsel for Applicant :- Deepak Kumar Pandey,Abhishek Kumar Srivastava,Jayant Srivastava Counsel for Opposite Party :- G.A.,Devesh Kumar Shukla,Dharmesh Kumar Shukla
Hon'ble Om Prakash-VII,J.
Heard Sri Abhishek Kumar Srivastava, learned counsel for the applicant, learned A.G.A for the State as well as Sri Devesh Kumar Shukla, learned counsel for the informant and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case. It is further submitted that the incident took place on 16.11.2020 and F.I.R. was lodged on the same day by one Sunil against Rahul only. Referring to the contents of the F.I.R., it is further argued that main role of causing firearm injury to the deceased has been assigned to co-accused Rahul. It is further argued that if entire prosecution case is taken into consideration then also role of throwing bricks and stones after the incident is assigned to the applicant. Offence under section 302 IPC is not attracted against the present applicant. It is further argued applicant is languishing in jail since 16.11.2020 having no criminal antecedents. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail and argued that there was active participation of the applicant in the present incident. He was also involved in the crime throwing bricks and stones upon the informant side. A prima facie case is made out against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Vinod involved in Case Crime No.610 of 2020 under Sections 302, 323, 504, 506, 336, 34, 120-B IPC, Police Station Khair, District - Aligarh be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 16.8.2021 ss