In a bail application under Section 307 IPC, the single judge held that despite the severity of the offence, the applicant deserves bail. The court allowed the application subject to conditions preventing tampering with witnesses and cooperation with the trial.
Applicant Raja released on bail with personal bond and two sureties subject to specified 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. - 3144 of 2020
Applicant :- Raja Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad,Mohd Faiz 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.311 of 2019, under Section 307 IPC, Police Station Sambhal, District Sambhal, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to enmity. He has committed no offence. Prosecution story is false and fake. Applicant has been arrested after twenty days of present occurrence and on his confessions statement made before police, he has been arrayed in the present case. There is no evidence against the present accused. Informant has not assigned any specific role or allegation against the applicant. Applicant is in jail since 27.08.2019. It is further submitted that there is no possibility of the applicant's 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. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
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 and submitted that applicant along-with other accused persons opened fire upon victim Arvind while going through motorcycle on 07.08.2019 at about 03:30 PM.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, 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 Raja 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:-
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 :- 20.1.2020 I.A.Siddiqui
1 issue framed by the court
Whether the accused accused-applicant deserves bail in a charge framed u/s 307 IPC.
Raja
State of U.P.
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
