Vaibhav vs State Of U.P.
2016 Latest Caselaw 3346 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18129 of 2016
 

 
Applicant :- Vaibhav
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ajay Vikram Yadav,Mukesh Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abhai Kumar,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The contention raised 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 next contended that the applicant is in jail since 6.3.2016 with no previous criminal history and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts.

As per FIR which was lodged on 5.3.2016, the accused-applicant intentionally fired at his mother due to some dispute regarding distribution of marriage card prior to the incident and thereby injury was caused to his brother Raj Kapoor as well as his own son Ansh. In the statement under Section 161 Cr.P.C., Raj Kapoor has stated that the gun was fired accidentally and there was no intention on the part of the accused-applicant. The statement of Ansh has not been recorded. It is apparent that in the incident son of the accused-applicant has also got injured, therefore, it cannot be said that the fire was made intentionally at his mother and his brother rather the theory of accidental firing is more acceptable.

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. However, any observation made hereinabove, will not affect the trial of the case.

Let the applicant Vaibhav involved in Case Crime No. 134 of 2016, under Section 307 IPC, Police Station - Civil Lines, District - Etawah, 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 :- 1.6.2016

Ranjeet Sahu