Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38174 of 2021 Applicant :- Virendra Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Narendra Nath Tripathi,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.,Devesh Kumar Verma,Suresh Chandra Verma
Hon'ble Anil Kumar Ojha,J.
Heard, Sri Rajiv Lochan Shukla, learned counsel for the applicant, 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 applicant seeking enlargement on bail during trial in connection with Case Crime No. 526 of 2021 under Sections 147, 148, 149, 452, 307, 504, 506 and 323 I.P.C. registered at P.S.- Farrukhabad, District- Farrukhabad.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. No specific role has been assigned to the applicant. There are only general allegations. Further submitted that the applicant is languishing in jail since 6.07.2021. Next submitted that there is cross-version of the present one and it cannot be determined at this stage as to which party is aggressor.
Per contra, learned counsel for the complainant and learned A.G.A. opposed the prayer for bail and argued that charge-sheet has been filed under Section 34 I.P.C., hence there was common intention of all the accused persons.
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.
Perusal of the record reveals that two injured persons, Surjeet Kumar and Santosh Kumar have specifically stated in their statement recorded under Section 161 Cr.P.C. that co-accused, Swadesh fired from his country-made pistol which hit in the shoulder of injured. There is cross-case also. At this stage, it cannot be determined as to which party was the aggressor.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Virendra Kumar involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant 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, he 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 :- 20.12.2021 A. Mandhani