Allahabad High Court
Palendra vs State Of U.P. on 12 December, 2018
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38634 of 2018
Applicant :- Palendra
Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Singhal,Seema Aggarwal
Counsel for Opposite Party :- G.A.,Vinay Kumar Tripathi
Hon'ble Rajiv Gupta,J.
Learned AGA has filed counter affidavit on behalf of the State today in the Court, which is taken on record.
Heard learned counsel for applicant, learned AGA for the State as well as Sri Vinay Kumar Tripathi, learned counsel for first informant and perused the record.
This bail application has been filed by the applicant Palendra seeking bail in Case Crime No. 141 of 2018, under Sections 147, 148, 149, 323, 307, 504 IPC, Police Station Refinery, District Mathura.
Learned counsel for the applicant has submitted that in respect of present incident, FIRs have been lodged from both the sides and both the sides have received injuries. From the side of the applicant, three persons have received injuries, whereas from the side of first informant, two persons have received injuries.
Learned counsel for the applicant has next submitted that who, out of the two rival groups, was the aggressor cannot be determined at this stage.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 04.09.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA for the State as well as Sri Vinay Kumar Tripathi, learned counsel for first informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant has no criminal history to his credit and he is in jail since 04.09.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Palendra be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 12.12.2018 /Nadim
