Criminal miscellaneous bail application filed in a trial case under various IPC sections involving assault. Court allowed bail on furnishing of bond and sureties subject to conditions prohibiting tampering with evidence or further criminal activity.
Application allowed; applicant released on personal bond and two sureties subject to specified conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33630 of 2022
Applicant :- Anand Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Singh Kushwaha Counsel for Opposite Party :- G.A.,Akhilesh Kumar
Hon'ble Deepak Verma,J.
Case called out in revised list. None appeared on behalf of informant.
Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.36 of 2021, under Sections 323, 504, 506, 325, 308 I.P.C., P.S. Karanda, District Ghazipur, during pendency of trial.
Allegation in the F.I.R. is that four persons including applicant assaulted injured in a property dispute.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case due to village partybandi; general role has been assigned to the applicant; as per injury report, injuries sustained are simple in nature and there is no assault on vital part of the body. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 13.07.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. vehemently 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 mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Anand Kumar, 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 :- 7.9.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.09.07 18:09:44 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 bail under the existing facts and circumstances.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶11
(2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Anand Kumar
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
