This bail application was allowed releasing the applicant on personal bond and two sureties. The court found prima facie satisfaction regarding the charge and findings a case of bail.
Release on bail on personal bond and two sureties subject to standard conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12524 of 2021
Applicant :- Lalit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey,Devendra Saini Counsel for Opposite Party :- G.A.,Vikas Sharma
Hon'ble Rajiv Joshi,J.
Counter affidavit filed today on behalf of the informant is taken on record.
Heard Sri S.S. Sisodia Advocate, holding brief of Sri Devendra Saini, learned counsel for the applicant, Sri Ankit Rai, Advocate holding brief of Sri Vikash Sharma, learned counsel for the informant, learned A.G.A for the State and perused the record..
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 403 of 2020, under Sections338, 326 and 120-B IPC, Police Station- Nakur, District- Saharanpur, during pendency of trial.
As per the FIR, an incident took place on 8.9.2020 and it is alleged in the FIR, that some heated arguments took place between the son of the informant and accused-applicant along with other co-accused. The accused- applicant who is doing job on contractual basis in the Electricity Department, had called the son of the informant from his house to repair the transformer, the applicant along with co-accused Sunil Kumar, who is Junior Engineer of the said Department, have assured him that they have taken shut-down from the concerned power house, when the son of the informant had joined the electric wires in the transformer, he received electric shock and fell down, the same act was well planned by the applicant and other accused persons with the intention to kill him.
It is submitted by learned counsel for applicant that applicant is innocent and has falsely been implicated in the present case. It is next submitted that the incident is of 8.9.2021 and the FIR has been lodged on 22.9.2021 after the delay of 14 days, which has not been explained. It is next submitted that the incident had occurred inadvertently and the shut down remain operational for which, the applicant has no fault. It is next submitted that the Section 338 IPC is triable by Magistrate and maximum sentence is of 2 years or with fine which may extend to one thousand rupees, or with both. The applicant is in jail since 9.12.2020 and has no criminal history and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. The application is allowed.
Let the applicant, Lalit Kumar who is involved in 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 13.9.2021 Akbar
1 issue framed by the court
Whether bail should be granted to the applicant in a prosecution under Sections 338, 326, and 120-B IPC.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherDistinguished¶11
(2018) 2 SCC 22 · Who else cites this
Lalit Kumar
Rajiv Joshi
As recorded by the court registry
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Rajiv Joshi
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