Amarjeet v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46051 of 2023 Applicant :- Amarjeet Opposite Party :- State of U.P. Counsel for Applicant :- Lalji Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 274 of 2023 at Police Station-Hata, District-Kushinagar under Sections 304, 404 I.P.C. The applicant is in jail since 10.05.2023. The bail application of the applicant was rejected by the learned trial court on 15.09.2023. The following arguments made by Shri Lalji Yadav, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

¶1The applicant rushed the deceased to the hospital when the latter complained of dizziness.

¶2After returning from the hospital, the deceased fell to the ground and sustained the head injuries.

¶3The incident occurred as the deceased suffered loss of balance on account of dizziness.

¶4There is no direct evidence against the applicant.

¶5This is a case of circumstantial evidence.

¶6The chain of incriminating circumstances against the applicant is not complete.

¶7The applicant has no motive to commit the offence.

¶8The applicant does not have any criminal history apart from this case.

¶9The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Amarjeet 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 below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 1.11.2023 Jaswant High Court of Judicature at Allahabad