Ajeet Vs State of U.P.

Court No. - 83

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36411 of 2021

Applicant :- Ajeet Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.,Pankaj Kumar Asthana

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Hon'ble Ram Krishna Gautam,J.

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Heard over bail application moved by applicant, Ajeet, in Case Crime No. 109 of 2021, under Sections 307/34, 504, 506 IPC, Police Station-Karimuddinpur, District-Ghazipur.

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Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 15.06.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Victim had sustained one injury over his person and it was assigned specifically to co-accused Anees; for applicant, there is accusation that he, too, gave firearm shot, but fortunately it did not hit victim, whereas no such shot was ever extended; one of co-accused Manish @ Pardeshi, in this very case crime number, has been granted bail in Crl. Misc. Bail Application no. 38204 of 2021. Hence, bail has been prayed for.

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Learned AGA and counsel for the informant has vehemently opposed with this contention that victim had died and giving of firearm shot was specifically assigned to Anees causing injury over the person, but this was under joint mensria; all accused persons are either real brother or of one family; applicant, too, gave firearm shot, but fortunately it did not hit; bail to one coaccused has been rejected as of Shashikant Yadav in Crl. Misc. Bail Application No. 32653 of 2021.

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Having heard and gone through materials placed on record, it is apparent that bail has been claimed for offence punishable under Section 307/34, 504, 506 IPC only, for which, applicant has been rejected by the trial court; subsequent development, if any, to be seen in subsequent application, but at present, application is for this sections and specific role of one specific injury over the person of deceased victim was assigned to Anees and for applicant, there is contention that his shot did not hit victim; it is admitted that applicant is of no criminal antecedent and there is old enmity, for which, quarrel occurred, which followed this occurrence.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case and the role of applicant separate than the role of Anees, but, without commenting on merits of the case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the applicant, Ajeet , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad

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The computer generated copy of such order shall be self attested by the by the counsel of the party concerned.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 19.1.2022 Dhirendra/

Ajeet v. State of U.P.

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Ajeet v. State of U.P.

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