This court granted bail to the applicant in a case involving Section 307 IPC, holding that the applicant had made out a case for bail without prejudice to the merits of the proceedings.
Release of the applicant on bail on furnishing a personal bond and two sureties subject to specific conditions.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33133 of 2022
Applicant :- Shailesh Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Singh Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 161 of 2022, registered under Sections 307 I.P.C., Police Station Madiyahun, District Jaunpur during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per injury report, the injured has received four injuries and injury no. 1 is grievous in nature, which is caused by knife and alleged knife has been recovered from the possession of co-accused, Mohit Bharti. As per statement of injured, no specific role has been assigned to the applicant for causing injury. The applicant is languishing in jail since 07.06.2022 having no criminal antecedents. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
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 Vs. C.B.I. & Another , 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, Shailesh Gautam, 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.
investigation or trial.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 19.9.2022 Vibha Singh
Digitally signed by VIBHA SINGH Date: 2022.09.22 14:36:46 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to release on bail in a case under Section 307 IPC pending trial.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶9
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
Shailesh Gautam
State of U.P.
Deepak Verma
Vibha Singh
As recorded by the court registry
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