Seetu @ Akash v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42170 of 2023 Applicant :- Seetu @ Akash Opposite Party :- State of U.P. Counsel for Applicant :- Aishwarya Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant who has filed supplementary affidavit which is taken on record, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.98 of 2023, under Sections 307, 504, 506 IPC and Section 3/25/27/29 of the Arms Act, Police Station Pisawa, District Aligarh, during the pendency of trial.

¶3Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is further contended that the victim was admitted in the hospital on

04.07.2023 and discharged on 06.07.2023. The injuries sustained by the victim were not on the vital part of the body, therefore, it would be maximum a case under Section 324 IPC. It it also contended that there is no previous criminal history of the applicant. There is no likelihood of his abscondence or tampering with the evidence. He is languishing in jail since

14.07.2023. In case the applicant is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Seetu @ Akash, involved in the aforesaid case 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 the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 30.10.2023 Shahroz/Vinod. High Court of Judicature at Allahabad