Allahabad High Court
Arun Kumar vs State Of U.P. on 3 August, 2016
Bench: Naheed Ara Moonis
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25440 of 2016
Applicant :- Arun Kumar
Opposite Party :- State Of U.P.
Counsel for Applicant :- Adesh Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Applicant - Arun Kumar seeks bail in Case Crime No. 37 of 2016, under Section 304 IPC, Police Station Phalawada, District Meerut.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the case with the allegations that the applicant along with nephew of the complainant had gone in the ceremony of Tilak in Village Naidu and at about 13.30 P.M. while Tilak ceremony was going on then accused applicant started firing with his pistol when deceased nephew opposed him from doing so the applicant fired upon him and the injury received by the deceased on his abdomen. It is further submitted that during course of interrogation under section 161 Cr.P.C. the complainant has stated that the applicant has not fired intentionally upon the deceased hence no prima face offence is made out against the applicant. The applicant is in jail since 12.3.2016 and has no criminal history to his credit deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Learned A.G.A. has contended that the applicant has fired upon the deceased intentionally and postmortem report also corroborate with the prosecution case. In case the applicant is allowed to be released on bail, he will tamper with the prosecution evidence and flee away from the judicial process.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Without expressing any opinion on the merits of the case, let the applicant Arun Kumar involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. He will cooperate in the trial bonafidely without seeking adjournments.
3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 3.8.2016
RU
