Ankit Kumar vs State Of U.P.
2019 Latest Caselaw 3595 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17668 of 2019
 

 
Applicant :- Ankit Kumar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Pawan Singh Pundir
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that the applicant is not named in the FIR. No charge-sheet was submitted against the applicant. The applicant has been summoned to face trial on the basis of an application moved under section 319 Cr.P.C. on the basis of statements of P.W. 1 Anil Panwar and P.W. 2 Sonu Panwar. In the statements of above witnesses the role of catching hold to the deceased has been shown to the applicant and the role of causing injury to the deceased with firearm has been assigned to co-accused Vipin. It has further been submitted that in this case charge-sheet was submitted against co-accused Vipin and Sunni Pandit @ Sunni Sharma. The co-accused Sunni Pandit @ Sunni Sharma has already been released on bail by another bench of this court vide order dated 16.1.2019 in Criminal Misc. Bail Application No. 44631 of 2016, therefore, the applicant is also entitled for bail. It has further been submitted that applicant has not committed the alleged offence. Only the role of catching hold to the deceased has been assigned to the applicant. The criminal history of the applicant has been explained in para 15 of the affidavit filed in support of bail application. The applicant is in jail since 27.3.2019.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Ankit Kumar involved in Case Crime No. 246 of 2016, under section 302/34 IPC, P.S. Kotwali, District Muzaffar Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 26.4.2019

Masarrat