Hon'ble Vivek Varma, J. granted bail to Ashok Kumar under Sections 323, 504, 506, and 308 IPC. Conditions included furnishing a bond, ensuring appearance in court, and refraining from tampering with evidence or witnesses.
Release on bail furnished by personal bond and two local sureties with conditions against tampering with evidence and witnesses.
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. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48994 of 2020
Applicant :- Ashok Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard Sri Nanhe Lal Tripathi, learned Counsel for the applicant and Smt. Seema Shukla, learned A.G.A. for the State respondents.
Supplementary affidavit, filed today, is taken on record.
It is contended by learned Counsel for the applicant that the applicant is wholly innocent and has been falsely implicated in the present case. It is further submitted that there is cross case in which both sides have received injuries. No specific role has been assigned to the applicant and nothing incriminating has been recovered from the possession of the applicant. Referring to the injuries of the applicant and two others annexed along with the supplementary affidavit, in such circumstances according to the counsel for the applicant the F.I.R. allegations are not correct. It is further contended that the co-accused Umesh has been granted bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 48734 of 2020 vide order dated 8.1.2021. It is also pointed out that the applicant has no criminal history and is in jail since 7.11.2020. It is further submitted that there is no possibility of the applicant 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 could not dispute the aforesaid facts.
Perused the first information report as well as the averments made in the bail application.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Ashok Kumar involved in case crime no.352 of 2020, under Sections 323, 504, 506, 308 I.P.C., P.S. Bharthana, District Etawah be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be vacated.
Order Date :- 18.1.2021 S.S.
1 issue framed by the court
Whether the applicant should be released on bail pending trial?
Ashok Kumar
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
