Chand vs State Of U.P.
2016 Latest Caselaw 4107 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21911 of 2016
 

 
Applicant :- Chand
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Diwakar Tiwari
 
Counsel for Opposite Party :- G.A. 
 
Hon'ble Abhai Kumar, J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the accused-applicant submits that role of firing is assigned to one of Kale, whereas no specific role has been assigned to the accused applicant. It is also submitted that a cross case is also lodged from the side of accused that case is under Section 307 of I.P.C besides other Sections. It is also submitted that from the side of accused ? Sayed has been seriously injured. It is also submitted that co-accused - Maharban has already been granted bail by another Bench of this Court vide order dated 24.05.2016, passed in Criminal Misc. Bail Application No. 17225 of 2016 - (Maharban Vs. State of U.P), copy of which has been annexed as Annexure ? 8 in the bail application.

It is next contended that the applicant is in jail since 24.04.2016 and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A for the State has opposed the prayer for bail but could not dispute the aforesaid facts.

Seeing the facts of the case that no specific role has been assigned to the accused-applicant. There is cross case, moreover co-accused ? Maharban, who has been assigned causing injuries to Gaffar Khan in the F.I.R where as statement recorded under Section 164 of Shabana @ Guddi is also said to have been injured by Maharban.

Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail.

Let the applicant ? Chand, involved in Case Crime No. 97 of 2016, under Sections 147, 148, 149, 323, 307, 392, 504 of I.P.C, Police Station ? Khair, District ? Aligarh, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -

1. The applicant shall not tamper with the prosecution evidence.

2. The applicant shall not pressurize the prosecution witnesses.

3. The applicant shall appear on the date fixed by the trial Court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.

Order Date :- 12.07.2016.

Vinod.