Criminal Miscellaneous Bail Application preferred by accused Anil Kumar in a case under Sections 323, 326, 504, 506 IPC. Court accepted bail application without expressing opinion on merits, imposing conditions of bond and sureties.
Applicant released on bail with personal bond and two sureties on specified conditions.
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Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46295 of 2018
Applicant :- Anil Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Shailendra Kumar Tripathi,Ram Babu Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No. 235 of 2018 under Sections 323, 326, 504, 506 I.P.C. Police Station Chhibramau, District Kannauj.
As per F.I.R. version, on 2.3.2018 at about 7.00 p.m. the accused and other co-accused persons armed with lathi-danda came to the house of the informant, began to hurl abuses, when the informant and his mother forbade them, they assaulted them with lathi-danda and stones on account of which the informant and his mother received severe injuries.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case. Facts as alleged in the impugned F.I.R. are false and fabricated. Virtually, the complainant himself was hurling abuses in drunken state, which ensued quarrel in which wife of the applicant, namely, Mithilesh was injured, who lodged the NCR No.48/2018 under Section 323, 504 I.P.C. Cross-case has been lodged by the side of the applicants and general role has been assigned to the applicant. The applicant is in jail since 5.10.2018 and if he is granted liberty, he will not misuse the same.
Learned A.G.A. has vehemently opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Anil Kumar involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court
concerned with the following conditions:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.4.2019 Ram Murti
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving Sections 323, 326, 504, and 506 IPC.
Whether the conditions of personal bond and sureties are sufficient for releasing the applicant.
Anil Kumar
State Of U.P.
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
