This order allows bail in a criminal miscellaneous application. The court found merit in the applicant's submissions regarding false implication and lack of medical corroboration, granting release on bond with sureties.
Released on bail with a personal bond and two sureties upon furnishing the same to the court below.
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Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20644 of 2022
Applicant :- Akhilesh Rai Opposite Party :- State of U.P. Counsel for Applicant :- Hira Lal Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 319 of 2021 at Police Station Saidpur, District Ghazipur under Sections 323, 504, 506, 324, 307, IPC. The applicant is in jail since 07.01.2022.
The bail application of the applicant was rejected by learned Incharge Sessions Judge, Ghazipur, on 13.04.2022.
Shri Hira Lal, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. A vague and general role has been assigned to the applicant and his mother and sister in the FIR. The FIR was actuated by malice and arises out of a land disputed between the parties. The applicant has not been identified as the principal offender who inflicted any life threatening injury. The supplementary injury report records that "no significant abnormality detected". The medical report did not corroborate the FIR version. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.
Shri Gavendra Pal Singh, learned A.G.A for the State
could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicants is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Akhilesh Rai be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the
prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 8.6.2022 Pravin
Digitally signed by PRAVIN VERMA Date: 2022.06.09 10:49:26 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in case under sections 323, 504, 506, 324, 307 IPC.
Akhilesh Rai
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
