HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37187 of 2018 Applicant :- [ENTITY] Opposite Party :- State of U.P. Counsel for Applicant :- [ENTITY] Counsel for Opposite Party :- [ENTITY] Hon'ble [ENTITY]-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in [CASE NUMBER], under [SECTION] [ACT], Police Station Chhata, District Mathura, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Nothing has been recovered from the possession of the applicant. He further submits that Police himself fired upon the accused-applicant due to which he received fire armed injury on his leg and accused-applicant has committed no offence. Criminal history of accused-applicant has been explained in paragraph 11 of accompanying affidavit. It is further submitted that it is well settled that criminal history is not a sole ground for rejecting the bail application and bail application should be decided on the facts and circumstances of the case. Applicant is in Jail since 16.01.2018. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant. Learned counsel for aggrieved party further submitted that applicant has a criminal history of heinous offence and he is not entitled to bail. Trial of accused under [SECTION] [ACT] is at the last stage. If he is released on bail, he will not appear in the trial and will misuse the liberty of bail. He placed reliance upon the case of [PRECEDENT], [PRECEDENT], [PRECEDENT] and [PRECEDENT].
In rebuttal, learned counsel for applicant submitted that fact due to being different, judgment cited by Sri [ENTITY], learned counsel for aggrieved party, are not applicable to the present case.
Considering the facts and circumstances of the case, rival contentions of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, evidence collected by Investigating Officer during investigation and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant-[ENTITY] be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under [SECTION] [ACT] and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 6.11.2019 Akram