Allahabad High Court
Hariom vs State Of U.P. on 10 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:85138
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18208 of 2024
Applicant :- Hariom
Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilendra Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This application has been moved on behalf of applicant- Hariom with the prayer to release him on bail in Case Crime No.993 of 2023, under Sections 323, 307, 504, 506 I.P.C., Police Station- Shikohabad, District- Firozabad.
It is argued by the learned counsel for the applicant that as per the first information report, one Vishamber Dayal is said to have been injured. He has sustained fire arm injury on his right shoulder. The role assigned to all the accused persons is general in nature. Co-accused Arun @ Kanha has already been granted bail by this Court earlier. The bail order is appended with the paper book. The criminal history of four cases of the applicant has been well explained. The applicant is languishing in jail since 02.04.2024, hence, the prayer for bail is made.
Learned A.G.A., however, opposed the prayer for bail.
From the perusal of the record, it is found that a general role of assaulting the injured is assigned to all the four named accused persons. No specific role has been assigned to any of the accused in the statements of the first information and injured. The weapon used in the incident has been recovered from co-accused Arun @ Kanha, who has been granted by this Court earlier. Regarding criminal history of four cases, two acquittal judgments and one bail order have been placed before the Court. The fourth case is said to be of Section 3/25 Arms Act that case has not been explained by the counsel for the applicant. The applicant is languishing in jail since 02.04.2024.
Perusing the record, considering the facts and circumstances of the case, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail to the applicant.
The bail application is allowed.
Let the applicant- Hariom, who is involved in aforesaid crime be released on bail on his 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 attend and co-operate the trial proceedings pending before the court concerned on the dates fixed after release.
2. The applicant will not tamper with the witnesses.
3. The applicant will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the trial court shall be at liberty to cancel the bail and send the applicant to prison.
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 :- 10.5.2024
Radhika
