In this bail application, the High Court of Judicature at Allahabad allowed the applicant to be released on bail after trial court rejection, finding arguments regarding victim contradictions and lack of criminal history satisfactory.
Release of the applicant on bail by personal bond and two sureties with conditions against tampering.
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.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52813 of 2022
Applicant :- Shyam Sundar Opposite Party :- State of U.P. Counsel for Applicant :- Vishnu Kumar Patil Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.367 of 2022 at Police Station-Ramgarh, District-Firozabad under Sections 363 I.P.C. The applicant is in jail since 05.10.2022.
The bail application of the applicant was rejected by the learned trial court on 13.10.2022.
The following arguments made by Shri Sanjay Srivastava, learned counsel holding brief of Shri Vishnu Kumar Patil, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:
(1). The F.I.R. is a fall out of a village rivalry.
(2).The victim in his statement under Section 161 Cr.P.C. has stated that he had left his house of his own volition due to constant domestic discord.
(3). Material contradictions in the statements of the victim under Sections 161 Cr.P.C. and Section 164
Cr.P.C. as well as the recitals in the F.I.R. discredit the prosecution case.
(4). The applicant does not have any criminal history apart from the instant case.
(5). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Shyam Sundar be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 10.1.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in a case under Section 363 I.P.C.
Shyam Sundar
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
