In Criminal Misc. Bail Application No. 6715 of 2022, the Court allowed the bail application of Virendra, who was falsely implicated in a violent dispute. The applicant was released on a personal bond and two sureties under standard conditions.
Applicant released on bail by furnishing a personal bond and two sureties each in the like amount.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6715 of 2022
Applicant :- Virendra Opposite Party :- State of U.P. Counsel for Applicant :- Udai Bhan Singh,Sanjay Gangwar Counsel for Opposite Party :- G.A.,Pradeep Kumar
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.196 of 2021 at Police Station Bhojipura District Bareilly under Sections 147, 148, 307, 323, 504 IPC. The applicant is in jail since 06.05.2021.
The bail application of the applicant was rejected by learned Sessions Judge, Bareilly on 01.09.2021.
Shri Udai Bhan Singh, learned counsel and Shri Sanjay Gangwar, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The FIR arises out of an argument between political rivals which suddenly turned violent. A vague and general role has been assigned to the applicant in the FIR as well as in the statement of the informant and other witnesses. The applicant has not been identified as the principal offender who inflicted life threatening injuries on the deceased. As per the medical report the deceased has not suffered any grievous injury on any vital part of the body. Xray report opines that no bony abnormality was found. Explaining the criminal history of the applicant learned counsel for the applicant contends that being from poor economic strata and
having low social station the applicant has become a soft target and easy scapegoat for the police authorities who nominated him in number of false cases only to burnish their professional credentials. The said cases do not relate to any heinous offence and have no bearing on the instant bail application. The applicant is not a flight risk.
Shri Pradeep Kumar, learned counsel for the informant and Shri Ashutosh Pandey, learned brief holder for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned brief holder does not contest the criminal history of the applicant as disclosed in the bail application.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Virendra be released on bail in the aforesaid case crime number on furnishing a personal bond 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 :- 5.4.2022
Nadeem
Digitally signed by NADEEM AHMAD Date: 2022.04.07 11:37:56 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in a case under Sections 147, 148, 307, 323, 504 IPC.
Virendra
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
