The court granted bail to the accused in a criminal trial for injuries caused. The applicant was detained since November 2021 and sought release from Sections 323, 504, 326 IPC.
Applicant released on bail with personal bond and two relyable sureties subject to standard bail conditions including cooperation with the trial court.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9783 of 2022
Applicant :- Ambrish@ Gholu Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Manisha Singh,Sanjay Pathak Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 0468 of 2021, under Sections323, 504, 326 I.P.C., Police Station-Kotwali Hata, District Kushinagar.
Learned counsel for the applicant submitted that accusedapplicant is innocent and has been falsely implicated in the instant case. As per story of the prosecution, some altercation took place between the applicant and the informant on the relevant date i.e. 14.10.2021 and the applicant with his teeth caused injury to the injured/informant-Manoj Singh on his left ear. Further allegation made in the FIR is that co-accused Avneesh assaulted the injured-informant-Manoj Singh with Lathi-Dand. As per injury report, injury No.1, which is on the left ear, is grievous in nature and other injuries are simple in nature. As per supplementary report, the injuries are grievous in nature. In the facts of the case particularly taking note of injury No.1, which as per the prosecution, was caused by the applicant on the left ear of the injured, no offence under Section 326 IPC is made out. In the instant case, the Section 335 would be attracted wherein the maximum punishment provided is four years and the applicant is in jail since 25.11.2021 and the possibility of conclusion of trial in near future is extremely bleak.
It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail.
Learned A.G.A., on the basis of instructions received, opposed the prayer for grant of bail but he could not dispute the above contention made by the learned counsel for the accusedapplicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that the medical reports and essentials to attract Section 326 IPC and the period of incarceration and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Ambrish@ Gholu Shukla be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 17.5.2022 Vinay/-
Digitally signed by VINAY KUMAR Date: 2022.05.17 17:14:05 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is a fit person for release on bail considering the injuries alleged and likelihood of concluding the trial in future.
3 provisions across 2 enactments
Ambrish@ Gholu Shukla
Saurabh Lavania
Vinay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
