This judgment allowed a bail application where the applicant, not named in the FIR, was merely called by an accomplice at the spot. The court found no direct evidence or allegation against him and released him on a personal bond and two sureties.
Applicant to be released on bail by furnishing a personal bond and two sureties each.
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Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59408 of 2022
Applicant :- Gaurav Alias Gaura Opposite Party :- State of U.P. Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri M.P.S. Chauhan, learned counsel for the applicant and Sri Ravi Kant Kushwaha, learned AGA for the State.
The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 235 of 2022, under Sections 147, 148, 323, 352, 307 IPC, Police Station Quarsi, District Aligarh during pendency of the trial.
FIR of the present case was lodged against three persons (non applicant) with the allegation that they made assault and due to the assault made by them three persons sustained injuries.
Learned counsel for the applicant submitted that applicant was neither named in the FIR nor his name was disclosed by any of the injured person. He further submits that when statement of one co-accused person Pradeep was recorded during investigation then he disclosed the name of applicant and he only stated that he at the time of incident called the applicant and except this neither there is any evidence nor any allegation against the applicant and applicant in the present matter is in jail since 11.09.2022.
Per contra, learned AGA opposed the prayer for bail and could not dispute the argument advanced by learned counsel for the applicant.
I have heard learned counsel for the parties and perused the record of the case.
From the perusal of record, it appears that applicant was not named in the FIR and in the FIR three persons were named and specific allegation was made against three persons that they made assault and due to the assault made by them, three persons sustained injuries and when the statement of injured persons were recorded then they also did not state against applicant but when statement of accused Pradeep was recorded then he disclosed the name of applicant and stated that he called the
applicant and on his call applicant also arrived at spot and except this there is neither any allegation nor any evidence against the applicant, therefore, in view of this Court, it is a fit case to release the applicant on bail.
In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed .
Let the applicant - Gaurav Alias Gaura be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) 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 or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and antisocial activity.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date :- 3.2.2023 AK Pandey
Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether the instant bail application needs to be allowed given the applicant was not named in the FIR and faced no direct allegation.
Whether the applicant should be released on bail subject to furnishing a bond.
Gaurav Alias Gaura
State of U.P.
Sameer Jain
Anupam Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
