Allahabad High Court
Aniruddh Kumar vs State Of U.P. on 9 July, 2019
Bench: Sudhir Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17751 of 2017
Applicant :- Aniruddh Kumar
Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Shukla,Atharva Dixit,Om Narayan Pandey, Manish Tiwari
Counsel for Opposite Party :- G.A.,Suresh Dhar Dwivedi
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Manish Tiwari, learned counsel for appellant and Sri S.D. Dwivedi, Advocate as well as learned A.G.A. for respondents.
2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No. 948 of 2016, under Sections 147, 148, 149, 302, 452, 120-B IPC, Police Station Banda, District Shahjahanpur.
3. It is contended that in the First Information Report applicant and others, namely, Ashok Kumar and Abhimanyu have been named that they entered the residence and opened fire on the brother of Informant and applicant, with an intention to kill, fired on the chest of brother of Informant but in investigation the witnesses have not named applicant and Informant when confronted has said that applicant entered into conspiracy to kill Informant's brother, hence statement contradicts FIR version. It is said that applicant has been falsely implicated. It is also contended that applicant has no criminal history and there are no chances of fleeing away of applicant from judicial process or tampering with prosecution evidence. He undertake to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is in jail since 16.10.2016 and in case he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Aniruddh Kumar, involved in Case Crime No. 948 of 2016, under Sections 147, 148, 149, 302, 452, 120-B IPC, Police Station Banda, District Shahjahanpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 9.7.2019
AK
