Karan vs State Of U.P.
2019 Latest Caselaw 5603 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37780 of 2018
 

 
Applicant :- Karan
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Vijay Bahadur Shivhare,Rahul Singh
 
Counsel for Opposite Party :- G.A.,Hans Pratap Singh
 

 
Hon'ble Ajit Singh,J.

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

By means of this application, the applicant who is involved in Case Crime No. 41 of 2018, under Sections 147, 148, 302 I.P.C., Police Station-Muskara, District-Hamirpur , is seeking enlargement on bail during the trial.

Learned counsel for the applicant submitted that general role is assigned to all the co-accused that they have committed marpeet with lathi and danda. Learned counsel for the applicant further submitted that there is no injury of axe and it is not certain as to who is the author of injury. Bail orders of co-accused Virendra, Ram Kripal and Swatantra Kumar Rajpoot are annexed with supplementary affidavit filed in support of the bail application. There is no recovery from this applicant. He next submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He lastly submitted that the applicant is languishing in jail since 10.05.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

The prayer for bail has been vehemently opposed by learned A.G.A.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

Let the applicant, Karan be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 41 of 2018, under Sections 147, 148, 302 I.P.C., Police Station-Muskara, District-Hamirpur subject to the following conditions:-

1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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

Order Date :- 8.7.2019

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