Bail application filed by a driver accused under Section 307 IPC for allegedly running over police personnel while towing a truck with narcotics. Bail granted despite pending trial.
Released on bail on personal bond and two sureties each to the satisfaction of the Court below.
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Neutral Citation No. - 2023:AHC:123964
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21220 of 2023
Applicant :- Sheikh Jilani Opposite Party :- State of U.P. Counsel for Applicant :- Fakhruzzaman Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, the learned Additional Government Advocate and perused the record.
The instant application has been filed seeking release of the applicant on bail in Case Crime No. 382 of 2022, under Sections 307 I.P.C., Police Station Sipari Bazar, District Jhansi during pendency of the trial in the Court below.
It is submitted by learned counsel for the applicant that applicant has no concern with the incident since he is the driver of the swift car and applicant has no knowledge about narcotic substance which was kept in the Truck bearing No. RJ11GA4512. So far as, the allegation against the applicant that he tried to run over police personnel by speedy car is false since none of the police personnel has sustained injuries. It is also submitted that the applicant has already been granted bail relating to the recovery of alleged Ganja by the Co-ordinate Bench of this Court vide order dated 24.3.2023 passed in Criminal Misc. Bail Application No. 9533 of 2023. It is also submitted that co-accused Gyani Ram against whom similar allegations were made in the present F.I.R. has been granted bail vide order dated 3.4.2023 by this Court passed in Criminal Misc. Bail No. 12431 of 2023. The applicant is languishing in jail since 01.8.2022 and having no criminal history. It is further submitted that in case applicant is released on bail, he will not misuse the liberty of bail and will co-operate the trial.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the fact that in the alleged incident none of the police personnel sustained injuries and co-accused has been granted bail by this Court.
Let the applicant Sheikh Jilani be released on bail in Case Crime No. 382 of 2022, under Sections 307 I.P.C., Police Station Sipari Bazar, District Jhansi 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.
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 :- 2.6.2023 SY
Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in the NIA/Drug case where no injuries were sustained to police personnel.
Whether the applicant's role as a driver affects the quantum of bail bond.
1 provisions across 1 enactments
Sheikh Jilani
State of U.P.
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
