Court granted bail to applicants Vinay and Abhishek in a criminal case involving offenses under Sections 147, 148, 323, 307 IPC and Arms Act, subject to personal bond and sureties without expressing opinion on merit.
Released applicants on bail by furnishing personal bond and two sureties each of like amount subject to conditions.
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Neutral Citation No. - 2023:AHC:126257
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20571 of 2023
Applicant :- Vinay And Another Opposite Party :- State of U.P. Counsel for Applicant :- Jahar Singh (Kashyap),Alok Ranjan Counsel for Opposite Party :- G.A.,Rakesh Kumar Rathore,Sanjeev Kumar,Sunny Prakash
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the applicants, learned counsel for the first informant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants namely Vinay and Abhishek with a prayer to enlarge them on bail in Case Crime No. 46 of 2023, under Sections 147, 148, 323, 307 I.P.C. and Section 4/25/27 of Arms Act, Police Station Barnahal, District Mainpuri.
Learned counsel for the applicants has submitted that the applicants have been falsely implicated in the present case. It is further submitted that no role of assault has been assigned to the applicants and from the statement of the injured itself, it is evident that the role of causing injury with knife has been assigned to other co-accused. Even no recovery of the alleged weapon has been found from the possession of the applicants. He has further submitted that the applicants have no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicants are enlarged on bail, they shall not misuse the liberty of bail. The applicants are languishing in jail since 07.03.2023 hence, they are entitled to bail.
Learned A.G.A. as well as learned counsel for the first informant have vehemently opposed the prayer for grant of bail to the applicants.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicants involved in aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction
of the court concerned, subject to the following conditions:-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 13.6.2023 Mini
Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant bail to the applicants in case of alleged offenses under Section 147, 148, 323, 307 IPC and Arms Act.
7 provisions across 2 enactments
Vinay And Another
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
