Court granted bail to applicant Atif @ Ranu in a case under Section 307 IPC, rejecting the State's opposition after finding prima facie satisfaction of charges. Bail released on personal bond with two sureties.
Released on bail on personal bond with two sureties subject to conditions of attending trial, not tampering with witnesses, and no illegal activities.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 140 of 2018
Applicant :- Atif @ Ranu Opposite Party :- State Of U.P. Counsel for Applicant :- Narendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
This is the second bail application on behalf of applicant. The first bail application of the applicant has been rejected by Hon'ble Vivek Kumar Singh, J. vide order dated 17.11.2017.
Heard Sri Narendra Singh, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that in the first information report general allegations have been made against all the three persons and collective role of causing incised wounds have been assigned to all the accused. It is further submitted that all the injuries received to the injured are simple in nature though on vital part. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 07.08.2016.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Atif @ Ranu involved in Case Crime No. 191 of 2016, under Section 307 I.P.C., Police Station Babupurwa, District Kanpur Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the
satisfaction of the court concerned with the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 8.2.2018 Arti Sharma
2 issues framed by the court
Whether to grant bail to the applicant under Section 307 IPC for causing incised wounds.
Whether the applicant's apprehension of false implication and willingness to cooperate warrants release on bail.
Atif @ Ranu
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
