Held that the present case is a fit case for bail. The bail application was allowed without commenting on the merits.
Granted bail on furnishing a personal bond and two sureties each in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC-LKO:38903
Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3182 of 2023
Applicant :- Aman Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Lalji Prasad Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The first information report has been lodged against eight named accused and 2-3 unknown persons including the applicant with general allegations. Role of firing has been assigned to the present applicant and co-accused Farhan and there is single gun shot injury to the injured. It is not clear that who had caused the gun shot injury to the injured. The similarly placed co-accused Farhan having identical role to the applicant has already been released on bail by coordinate Bench of this Court, vide order dated 22.05.2023, passed in Criminal Misc. Bail Application No. 6302 of 2023. Copy of the bail order has been produced in the Court which is taken on record. The applicant has no previous criminal history. He next submits that the applicant is in jail since 31.10.2022 and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. for the State vehemently opposed the prayer of bail. However, he does not dispute the grounds of parity with the other co-accused.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant Aman Ali be released on bail in Case Crime No. 422 of 2022, under Sections 147, 148, 149, 342, 307 I.P.C., registered at P.S. Khairabad, District Sitapur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the
following conditions:
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.5.2023
sailesh
Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is eligible for bail considering parity with a similarly placed co-accused who was already released on bail.
1 provisions across 1 enactments
Aman Ali
State Of U.P. Thru. Prin. Secy. Home Lko.
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
