The High Court examined a bail application filed by Rajkumar. The court noted the applicant's lack of serious injury causation, vague FIR role, and no flight risk. It allowed bail on personal bond and two sureties.
Release on bail on furnishing a personal bond and two sureties each.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7304 of 2023
Applicant :- Rajkumar Opposite Party :- State of U.P. Counsel for Applicant :- Abhishe Pandey,Praveen Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 676 of 2022 at Police Station Kotwali Nagar District Muzaffar Nagar under Sections 147, 149, 308, 323, 504, 506, 325 I.P.C. The applicant is in jail since 17.11.2022.
The bail application of the applicant was rejected by learned trial court on 14.12.2022.
The following arguments made by Shri Praveen Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Prashant Singh, learned AGA from the record, entitle the applicant for grant of bail:
(1). The incident was a result of a neighbourhood dispute which suddenly turned violent.
(2). No one has sustained any serious or life threatening injury.
(3). The F.I.R. assigns a vague and general role to the applicant in the assault.
(4). The applicant intervened to separate the feuding
parties.
(5). Prosecution evidence does not connect the applicant with the offence.
(6). The applicant has explained his criminal history. Learned AGA contends that the applicant has a criminal history of two more cases. Rejoining this issue, learned counsel for the applicant contends that the applicant is in jail. He is financially destitute and does not have an effective pairokar. Hence details of the cases could not be obtained and stated in the bail application. However, relying on the records available with the learned AGA and the instructions received from his client, learned counsel for the applicant submits that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant was falsely framed in the said cases. The said cases do not have any bearing on the instant case.
(7). 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- Rajkumar 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 :- 21.2.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant bail to the applicant in a case under Sections 147, 149, 308, 323, 504, 506, 325 IPC.
Rajkumar
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
