Sumit Vs State of U.P.

Neutral Citation No. - 2023:AHC:166794

Court No. - 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24749 of 2023

Applicant :- Sumit Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.,Shivendra Raj Singhal

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Hon'ble Mrs. Renu Agarwal,J.

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The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.36 of 2023 under Sections

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147, 148, 149, 307, 341, 324, 326, 325 IPC Police Station Kamlanagar District Agra.

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Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. The sister of the applicant was married in the family of the informant when she was minor, it is submitted that due to this reason the applicant has been falsely implicated. As per FIR 17 persons had assaulted the injured. No specific role has been assigned to the applicant in the FIR only general allegations has been made against him. The applicant has criminal history of one being Case Crime No. 27 of 2023 under Section 147, 148, 149, 307, 336, 323, 504, 506 IPC and 7 Criminal Law Amendment Act wherein the applicant has already been enlarged on bail. Identically situated co-accused persons namely, Sahil and Vittu @ Shivam have already been enlarged on bail by this Court by orders dated

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16.08.2023 and 07.08.2023 passed in Criminal Misc. Bail Application Nos. 35626 of 2023 and 34442 of 2023 respectively. The applicant seeks parity in relief granted to the aforesaid co-accused persons. The applicant is languishing in jail since 28.02.2023 in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

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On the other hand, learned counsel for the informant and learned AGA have opposed the prayer for bail and submitted that the applicant was enlarged on bail in Case Crime No. 27 of 2023 by the learned Sessions Judge, Agra on 10.02.2023 on the condition that the applicant shall not misuse or violate any of the condition of bail, however, the applicant had assaulted the injured within 12 days of the order of release. According to the medical report eight injuries are found on the body of the injured. If the applicant is released on bail, he will misuse the liberty of bail and not not co-operate in trial, hence the bail application is opposed.

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4.Heard rival submissions and perused the record.

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According to the medical report injuries Nos. 1,2,4,5 and 8 are found to be simple in nature and injuries Nos. 3,6 and 7 are found to be grievous in nature. Injuries are found on the non vital part but the same are caused by gun shot. It is also worth noticing that the applicant has misused the liberty of bail

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granted to the applicant in Case Crime No. 27 of 2023 by assaulting the informant. Learned counsel for the applicant seek parity in relief granted to co-accused Sahil and Vittu @ Shivam who have been enlarged on bail in the present case, however the case of applicant is distinguishable from that of the co-accused Sahil and Vittu @ Shivan as they have not violated the condition of bail. Insofar as the present applicant is concerned, he has clearly violated the condition imposed by the learned trial court while granting bail in Case Crime No. 27 of 2023 and has committed this offence within 12 days from his release, which goes to show that if the applicant is again released on bail he shall again indulge in the same offence.

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In view of the above discussion, this Court is not inclined to enlarge the applicant on bail.

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The bail application is accordingly rejected.

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(Renu Agarwal,J.)

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Order Date :- 18.8.2023 Nadeem

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Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad

Sumit v. State of U.P.

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Sumit v. State of U.P.

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