Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37419 of 2021 Applicant :- Vishal Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed by the applicant- Vishal with a prayer to enlarge him on bail in Case Crime No.493 of 2021, under Sections- 307 I.P.C. Police Station- Sector 39 NOIDA, District-Gautam Buddha Nagar.
Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the present case. It is further submitted that the the incident is alleged to have been taken on 12.06.2021 at 11:00 pm while the first information report has been lodged on 14.06.2021 at 14:50 pm and the distance of concerned police station is only 3 kms away but there is no plausible explanation of delay in filing the FIR. The story is set up in the FIR is highly improbable as it is alleged that after firing on the leg of the injured, he also wrapped it with a cloth and the accused-applicant with his wife escorted the injured to her house. It has been submitted that the injuries are on non vital part of the body and due to ulterior motive the accused applicant has been implicated. The applicant having no criminal history and is languishing in jail since 15.06.2021.
Learned A.G.A. has vehemently opposed the bail application and submitted that the applicant is named in the FIR and the role of firing has been assigned to him.
Considering the rival submissions of the parties, nature of offene, severity of punishment and all other attending circumstances and the facts, without expressing any opinion on merit of the case, the Court is of the view that a case of bail is made out.
Accordingly, bail application is allowed.
Let the applicant-Vishal involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. During trial, he shall not indulge in any criminal activities.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 27.10.2021 C. MANI