Allowed

Bobby v. State of U.P.

Allahabad HC9 Dec 2022BAIL/11510/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 11510 of 2022, this Court considered an application for bail in a case involving firearm injuries under Sections 147, 148, 149, and 307 I.P.C. The Court allowed bail, imposing standard conditions and requiring personal bond with sureties.

What did the court decide?

Applicant to be released on bail by furnishing a personal bond and two sureties each in the like amount subject to conditions.

Bobby Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11510 of 2022

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Applicant :- Bobby Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Singh Yadav,Anand Pati Tiwari

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Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Anand Pati Tiwari, learned counsel for the applicant and learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.246 of 2021, under Sections 147, 148, 149 and 307 I.P.C., P.S. Dholna, District Kasganj, during pendency of the trial.

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As per F.I.R., fire arm injuries were caused by five persons including the applicant. Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. The investigating officer has submitted charge sheet against applicant and co-accused Ramveer and Ramnath. He next argued that co-accused Ramveer and Ramnath have been granted bail by Co-ordinate Bench of this Court vide orders dated 06.04.2022 and 29.08.2022 passed in Crl. Misc. Bail Application Nos. 55719 of 2021 and 6300 of 2022, respectively and the applicant is also entitled to be enlarged on bail on the ground of parity. General role has been assigned to all the accused persons. Injuries received by injured, are simple in nature. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 16.08.2021 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant and argued that eleven persons have received fire arm injury but could not dispute the facts narrated by counsel for the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil

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Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Bobby, who is involved in the aforesaid case 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.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 9.12.2022

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Meenu

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Digitally signed by MEENU SINGH Date: 2022.12.09 18:09:40 IST Reason: Location: High Court of Judicature at Allahabad

Bobby v. State of U.P.

Case brief

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Bobby v. State of U.P.

Case brief

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