This court allowed a second bail application filed under Section 307 IPC. The applicant was remanded in jail since July 2020. The court noted that the trial is on and statements of the informant and injured person are recorded, making bail safe if granted subject to conditions.
Release of applicant on bail upon furnishing a personal bond and two sureties.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40234 of 2021
Applicant :- Akash Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Anjani Kumar Raghuvanshi,Pankaj Bharti
Counsel for Opposite Party :- G.A.,Praveen Kumar Srivastava
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Anjani Kumar Raghuvanshi, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and perused the record.
2.This is the second bail application seeking release of the applicant on bail in Case Crime No. 56 of 2020, under Section 307 IPC, Police Station Laxa, District Varanasi.
3.The aforesaid case has been registered on the basis of a first information report lodged on 07.07.2020 at 00:32 hours alleging that on 06.07.2020, at about 03:15 p.m., the informant's brother Vijay Gupta had been assaulted by his own son Akash Gupta (the applicant) with some sharp edged weapon and, thereafter, the applicant ran away with his brother Kamal.
4.The medico-legal examination report of the injured brother of the informant mentions a deep lacerated wound on his neck, a linea wound in left temporal occipital area and a linea wound in parital region.
5.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 08.07.2020. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
6.The first bail application of the applicant was rejected by means of an order dated 14.12.2020 passed by this Court in Criminal Misc. Bail Application No. 35184 of 2020. The order indicates that this Court recorded submission of the learned counsel for the applicant that role of firing has been assigned to the applicant. From the aforesaid narration made in the order
dated 14.12.2020, it appears that somehow the facts of the case had escaped attention of the Court while deciding the present bail application.
7.A supplementary affidavit has been filed on behalf of the applicant stating that the trial is proceeding and the statement of the informant and that that of the injured father of the applicant has already been recorded by the Trial Court.
8.A short counter affidavit has been filed on behalf of the informant, in which also, it has been stated that statements of the informant that of the injured person have already been recorded by the Trial Court, copies whereof have been annexed with the affidavit.
9.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.
10.Having considered the aforesaid facts and circumstances and keeping in view the fact that the applicant is languishing in jail since 08.07.2020 and that the statements of the informant and the injured person have already been record and in case of his released, the applicant cannot influence the aforesaid witnesses and the trial is yet to conclude, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.
11.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .
12.Let the applicant Akash Gupta be released on bail in Case Crime No. 56 of 2020, under Section 307 IPC, Police Station Laxa, District Varanasi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(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.
13.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 14.12.2022 Ashish Pd.
Digitally signed by ASHISH PRASAD Date: 2022.12.19 14:33:30 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in the second bail application after refusal of the first.
1 provisions across 1 enactments
Akash Gupta
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
