This bail application was allowed on the grounds that the applicant had a better case compared to other co-accused and was innocent, subject to bonds and conditions to prevent tampering with evidence and re-offending.
Release on bail furnishing a personal bond and two sureties each in the like amount subject to conditions.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30906 of 2022
Applicant :- Bittu @ Vikas Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Pandey,Gauri Shanker Mishra,Rajnish Kumar Pandey Counsel for Opposite Party :- G.A.,Ajay Kumar Shukla
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, 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 Bittu @ Vikas with a prayer to release him on bail in Case Crime No.489 of 2021, under Sections 147, 148, 149, 323, 307 I.P.C., P.S. Akrabad, District Aligarh during pendency of the trial.
Learned counsel for the applicant has argued that role assigned to applicant of catching hold the injured and co-accused Saurabh and Manoj made fire. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant next submitted that co-accused Ashwani Kumar Singh has been granted bail by the coordinate Bench of this Court vide order dated 08.12.2022. Learned counsel for the applicant next submits that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 18.04.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant. Learned counsel for the informant has argued that victim was caught hold by Raman, Ashwani Kumar Singh and applicant and injured has received four fire arm injuries but could not dispute the identical role of the applicant with co-accused Ashwani Kumar Singh.
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 larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil 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.
Let the applicant, Bittu @ Vikas, 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 13.12.2022 SKD
Digitally signed by SURJIT KUMAR DEY Date: 2022.12.13 17:06:42 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant has made out a prima facie case for release on bail in a case involving offences under Sections 147, 148, 149, 323, 307 IPC.
Bittu @ Vikas
State of U.P.
Deepak Verma
Surjit Kumar Dey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
