The High Court allowed the bail application of the applicant, Aditya, accused in a case involving injury with intent to kill, granting bail subject to personal bond and sureties and strict conditions.
The applicant is released on bail by furnishing a personal bond of Rs. 50,000 and two sureties each in the like amount.
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. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31374 of 2022
Applicant :- Aditya Opposite Party :- State Of U.P. Though It Principal Secretary (Home) Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.121 of 2022, under Sections 323, 324, 307, Police Station Chapar, District Muzaffar Nagar.
Learned counsel for the applicant submits that on 06.06.2022 informant along with his son Taraspal was watering in the field at that time applicant, Subham and Anil armed with spade and danda reached there and with intention to kill, assaulted them. He submits that it has not been specified who assaulted them. He further submits that from the possession of applicant one spade has been shown from the right hand of the applicant by which he was doing work of field. He submits that co-accused Subham has been granted bail by co-ordinate Bench of this Court vide order dated 08.08.2022 in Criminal Misc. Bail Application No. 31357 of 2022. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 17.06.2022.
Learned AGA for the State opposed the bail application but could not dispute the aforesaid submissions as argued on behalf of the applicant.
Considering the facts and circumstances of the case and without expressing any opinion on merits of the case, the bail application is allowed.
Let the applicant- Aditya be released on bail in the aforesaid case crime number on furnishing a personal bond of Rs. 50,000/- 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 :- 26.9.2022 Israr
Digitally signed by ISRAR AHMAD Date: 2022.10.10 10:30:00 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to enlarge the applicant on bail in a case involving attempted murder and grievous hurt.
Aditya
Mohd. Azhar Husain Idrisi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
