Allahabad High Court
Virendra vs State Of U.P. on 8 July, 2019
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27012 of 2019
Applicant :- Virendra
Opposite Party :- State Of U.P.
Counsel for Applicant :- Satish Kumar Tyagi
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed by Sri Jawahir Yadav, learned counsel on behalf of first informant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri K.P. Tiwari, learned Brief Holder for the State and perused the record.
According to prosecution case, FIR was lodged against Virendra, Saklen & Sachin and one unknown person alleging that on 27.2.2019 at 5:15 (evening) they assaulted Kapil Yadav (brother of complainant) with bat of Baseball and by riding scorpio bearing No. DR 7 CT7392. One accused Virendra was arrested on spot. Deceased died receiving two injuries one on parietal region and another bleeding from right ear, after twenty days.
It is submitted by learned counsel for the applicant that co-accused namely Mohammad Saklen and Sachin have already been granted bail by this Court vide order dated 2.7.2019 and 5.7.2019 in Criminal Misc. Bail Application Nos. 26203 of 2019 and 26713 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is languishing in jail since 28.2.2019 (more than four months) having no criminal history. He has been falsely implicated. He was not arrested on spot. Deceased died in an accident. Even then maximum offence under Section 304-A IPC is made out against the applicant which is bailable. There is no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant opposed the prayer for bail.
On the other hand, learned Brief Holder opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Virendra involved in Case Crime No. 477 of 2019, under Section 302, 323, 34 IPC, Police Station Kavi Nagar, District Ghaziabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 8.7.2019
A. Singh
