Court allowed interim bail application filed by accused in a case involving sections 323, 352, 308, 380, 452, and 506 IPC, directing release on bond and sureties with specific conditions regarding cooperation with trial and non-tampering.
Released on bail on furnishing personal bond and two reliable sureties subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2342 of 2020
Applicant :- Bhupendra Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.1086 of 2019, under Sections 323, 352, 308, 380, 452, 506 I.P.C., Police Station Dadri, District Gautam Budh Nagar, applied for bail.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case for harassment and humiliation; applicant has committed no offence; prosecution story is false and fake. It is further contended that although, applicant is named in F.I.R. but there is no specific allegation levelled against him by the victim in his statement recorded under Section 161 Cr.P.C. There is general allegation against the applicant and other co-accused. He further submits that as per injury report, injury nos. 2 and 5 were simple in nature and injury nos. 1, 3 and 4 were referred for further examination and kept under observation. As per X- ray report of skull, no bone injury found on the head of injured. Applicant is in jail since 1.12.2019.
So far as criminal history of applicant is concerned, the same has been explained in supplementary affidavit. It is further submitted that the applicant undertakes that he would not be fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, injuries of victim, statement of injured recorded under Section 161 Cr.P.C., severity of punishment in case of conviction and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed .
Let applicant Bhupendra be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
present in the court, statement under Section 313 Cr.P.C. and argument.
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 :- 3.2.2020 Manoj
1 issue framed by the court
Whether bail is the appropriate remedy in the present case considering the facts and circumstances.
Bhupendra
State of U.P.
Rajendra Kumar-IV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
