Court granted bail to applicant, a non-bailable offence accused (murder, attempt to murder) in jail since 2019, directing execution of bond with two sureties subject to standard conditions.
Released on bail with execution of personal bond and furnishing of two sureties.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23527 of 2020
Applicant :- Ajay Pal Alias Lalu Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 23 of 2019, under Sections 302, 307, 504 and 506 I.P.C., P.S. Chaubiya, district-Etawah and is in jail since 20.2.2019, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submits that as per First Information Report, the only role which has been assigned to the applicant is that of firing at the deceased with country made pistol, whereas the role of causing injuries to the deceased by axe was attributed to co-accused Jayveer. He further submits that during trial, the first informant PW-1 Bhogi Lal and other witnesses have not supported the prosecution story. He also submits that other co-accused Jaiveer has already been enlarged on bail by another Bench of this Court vide order dated 16.6.2020 passed in Criminal Misc. Bail Application no.13972 of 2020, copy whereof has been filed as Annexure-10 to the affidavit accompanying the bail application and the role of applicant is identical to that of co-accused Jayveer, who has already been enlarged on bail, hence the applicant is also entitled to be enlarged on bail on merits as well as on parity.
The prayer for bail has been vehemently opposed by learned A.G.A. However, he has not disputed the fact that other co-accused Jayveer has already been granted bail by another Bench of this Court.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail
during the pendency of the trial.
Let the applicant, Ajay Pal Alias Lalu be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicants 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 trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 9.9.2020 Faridul
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of the trial.
Ajay Pal Alias Lalu
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
