Citation : 2016 Latest Caselaw 1623 ALL
Judgement Date : 20 April, 2016
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 46 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12296 of 2016 Applicant :- Ravindra Opposite Party :- State Of U.P. Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A. Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in case crime No. 338 of 2011, under Sections 452, 323, 307/34 IPC, police station Shikarpur, District Bulandshahar with the prayer to enlarge him on bail.
I have perused the prosecution story as set up in the FIR and also the bail rejection order.
The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive. It is further contended that even if the prosecution story is believed to be true, the injuries are simple in nature and on the non-vital part. A reliance has also been placed upon the supplementary report, copy of which has been annexed as annexure no. 2 to the bail application, to show the said fact. It is lastly contended that the applicant has no previous criminal history and he is in jail since 28.3.16 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
It is apparent that it would not be possible to conclude the trial in near future and in the opinion of this Court, it would not be appropriate to keep the applicant in jail till the conclusion of the trial.
Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Ravindra involved in the aforesaid crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
Order Date :- 20.4.2016
Anand
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