Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15365 of 2021 Applicant :- Yogendra Shukla @ Dabbu Shukla Opposite Party :- State of U.P.
Counsel for Applicant :- Vikas Tripathi,Satish Trivedi (Senior Adv.) Counsel for Opposite Party :- G.A.,Vikrant Pandey,Vivek Tiwari
Hon'ble Om Prakash-VII,J.
Computer clerk states that link was sent to Shri Vivek Tiwari and Vikrant Pandey, learned counsel for the informant but they did not respond. In the cirumstances, bail application is being decided at this stage itself hearing the parties present today. If informant feels aggrieved with the order, he may move bail cancellation application.
Heard Shri Satish Tirvedi, learned senior advocate assisted by Shri Vikas Tripathi, learned counsel for the applicant, learned A.G.A for the State through video conferencing and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that present F.I.R. was lodged on the basis of false facts after lodging the F.I.R. on behalf of applicant's side. At this juncture, learned counsel for the applicant referred to the F.I.R. lodged on part of the applicant as well as present F.I.R. and further submitted that none has received injuries from the side of the informant. There is cross version of the present matter. In-fact, applicant's side themselves have received injuries in the said incident. Thus, referring to the entire documents, it is further submitted that all the criminal cases shown as criminal history have been duly explained. No prima facie case is made out against the applicant. He is languishing in jail since 22.12.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties 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 Yogendra Shukla @ Dabbu Shukla involved in Case Crime No. 943 of 2020, under Sections 149, 323, 504, 506, 147, 392, 307 IPC, P.S. Handia, District - Allahabad 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.
4. 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.
5. 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 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 :- 12.5.2021 Sanjeet Digitally signed by Justice Om Prakash Date: 2021.05.12 14:06:33 IST Reason: Document Owner Location: High Court of Judicature at Allahabad