In a criminal bail application, the court granted bail to the applicant, a husband accused of attacking a victim alongside his wife, relying on parity, medical reports contradicting homicidal injury, and lack of prima facie evidence against him.
Release on bail with personal bonds and two sureties of Rs. 25,000 each subject to standard conditions.
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Neutral Citation No. - 2023:AHC:156646
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24758 of 2023
Applicant :- Ajay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The FIR in question was lodged against four named persons and two unknown alleging that on 09.06.2022, the son of the informant was attacked by persons named in the FIR and it was also stated that son of the informant was found in an unconscious state in the bathroom.
3 . Counsel for the applicant drawn my attention to the medical report on record as well as the statement of the doctor who stated that nature of the injuries cannot be attributed to be homicidal injury. My attention also drawn to the statement of the victim who had stated that the applicant was the husband of Mamta, the coaccused with whom he was in love and both of the said persons had called the victim to there home and tried to throttle with the use of batta. The allegation was levelled against the applicant as well as his wife Mamta who is co-accused. It is argued that coaccused Mamta has been enlarged on anticipatory bail and his sister is also enlarged on bail. It is argued that allegations against applicant are similar to Mamta who has been enlarged on anticipatory bail.
4. Learned A.G.A. vehemently opposed the bail prayer.
5. Apart from the statement of the victim, no other testimony exists, the medical also prima facie does not support the prosecution story, the applicant is in custody since 25.04.2023 and has no criminal and there is nothing on record to demonstrate that
the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail on the ground of parity.
6. Accordingly, the bail application is allowed .
7. Let the applicant Ajay Kumar be released on bail in FIR/ Case Crime No. 0297 of 2022, under Sections 147, 323, 307 IPC, P.S. Narkhi, District Firozabad, on his furnishing personal bonds and two reliable sureties of Rs. 25,000/- each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.
Order Date :- 4.8.2023 S.A.
Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused and lack of prima facie evidence.
Whether the applicant can be released on bail by furnishing bonds and sureties.
Ajay Kumar
State of U.P.
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
