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Vijay Kumar vs State Of U.P. on 20 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 7691 of 2020

Applicant :- Vijay Kumar

Opposite Party :- State of U.P.

Counsel for Applicant :- Dr. Arun Srivastav

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant, learned AGA and perused the record.

By means of this application, the applicant, who is involved in case crime no. 343 of 2019, under Sections 498A, 452, 307, 506 IPC and Section 3/4 D.P. Act, P.S. Fatehganj West, District- Bareilly, is seeking enlargement on bail during the trial.

The main substratum of argument of learned counsel for the applicant is that he has been falsely implicated in this case by the informant, who is father-in-law of the applicant, due to family dispute. It is next submitted that applicant no.1 is son-in-law of the informant. FIR was lodged on 29.09.2019 with regard to alleged incident dated 28.09.2019 against the applicant, his father and brother, but subsequently charge-sheet has been submitted only against the applicant, as the informant during investigation exonerated other co-accused persons of this case in his statement under Section 161 Cr.P.C.

On the said fact, it is submitted that the part of the prosecution case has been disbelieved by the Investigating Officer on the statement of informant itself. It is next submitted that the informant has not been examined by the government doctor, but in order to falsely implicate the applicant succeeded in getting a false and frivolous injury report prepared from private hospital wherein one sharp cut injury has been shown by mentioning laceration of size 8×4 cm over right scalp frontal region. It is next submitted that there is no supplementary report in this case. The applicant is languishing in jail since 29.09.2019 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.

Learned AGA has opposed the prayer of bail.

Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.

Let the applicant Vijay Kumar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

Order Date :- 20.2.2020

AK Pandey

 

 

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