Allahabad High Court
Alok Chand vs State Of U.P. on 8 January, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49475 of 2020
Applicant :- Alok Chand
Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Crime No. 1228 of 2020, under Sections 147, 148, 149, 307, 323, 504, 506, 427, 120-B I.P.C. and Section 7 of Criminal Law Amendment Act, P.S.-Cantt, District-Gorakhpur.
Submission of learned counsel for the applicant is that the applicant is not even named in the F.I.R., which was registered by Praveen Rai against Shubham Singh @ Singhara and Prajjawal Singh and five unknown persons, with the allegation that on 21.9.2020 when the informant along with Jitendra Yadav was going by a scooty and their two friends who were going by a bike, all of them were surrounded by a Baleno car and two bikes driven by Shubham Singh @ Singhara, Prajjwal Singh and their five unknown associates, who made an indiscriminate firing which hit the injured Jitendra Yadav. The medical examination report of the injury Jitendra Yadav shows that he has sustained a singular gun shot injury 4-5 cm above left flank along midaxillary line and about 4 cm left lateral from umbilicus. Learned counsel for the applicant has drawn attention of the Court to 161 statement of the injured Jitendra Singh, who has attributed the role of firing upon co-accused Subham Singh @ Singhara, Shubham Singh, Shubham Rao and Rohit Singh. Contention is that the applicant has not been attributed any role to play in this transaction of indiscriminate firing but later on his name has been incorporated. The applicant is in jail since 26.10.2020 having no criminal antecedents. It is argued that almost all the co-accused, whose name taken by the injured witness, have been enlarged on bail. One of the bail order has been produced in respect of co-accused Prince Sahai.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant.
Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties and also perusing the material on record as well as considering the judgment of Supreme Court in the case of Data Ram Singh Vs. State of U.P. and Others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Alok Chand involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant will attend and co-operate the trial proceedings 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.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 8.1.2021
vinay
