Allahabad High Court
Ankit vs State Of U.P. on 16 May, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:88879
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21888 of 2023
Applicant :- Ankit
Opposite Party :- State of U.P.
Counsel for Applicant :- Birendra Singh Khokher
Counsel for Opposite Party :- Atul Tej Kulshrestha,G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Ashutosh Singh, learned counsel for the applicant, Sri Pravesh Kumar, Advocate holding brief of Sri Birendra Singh Khokher, learned counsel for the informant, Sri Yogesh Mishra, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.156 of 2022, under Sections 147, 148, 149, 307, 323, 504, 506 and 34 I.P.C., Police Station Chandinagar, District Baghpat, during the pendency of trial.
4. As per prosecution story, the applicant and other co-accused persons are stated to have hurling abuses at the nephew of the informant Vipin on 22.07.2022 at about 4:45 p.m. On the exhortation of the other co-accused persons, the applicant is stated to have taken out a CMP and fired at Vipin causing gun shot injury to his left hand.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He has nothing to do with the said offence. The said situs of the injury of the injured person is not on a vital organ. The applicant is languishing in jail since 24.07.2022. Learned counsel has further stated that even the charge has not been framed, as such the fundamental rights of the applicant stands violated. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Learned counsel for the applicant has stated that the criminal history of seven cases assigned to the applicant stands explained. In support of his submission, learned counsel has placed much reliance upon the judgment of Prabhakar Tewari vs. State of U.P. And Another, 2020 (11) SCC 648, wherein the Supreme Court has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out.
7. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application.
8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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.
9. Let the applicant- Ankit, who is involved in aforementioned case 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. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with evidence.
(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 16.5.2024
Ravi Kant
(Justice Krishan Pahal)
