Abhishantraj v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47623 of 2023 Applicant :- Abhishantraj Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant, Ms. Ifrah Islam, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No.211 of 2023, under Sections 147, 148, 149, 307, 386, 120-B I.P.C. and 7 Criminal Law Amendment Act, Police Station Bhopa, District Muzaffar Nagar, during the pendency of trial.

¶4As per prosecution case, the applicant and other co-accused persons are stated to have hatched conspiracy to put the family members of the informant to death as they were stating that only after that they could win the elections of Gram Panchayat. The co-accused persons and the applicant are stated to have fired indiscriminately at them, which did not hit anybody.

¶5Learned counsel for the applicant has argued that he has been falsely implicated in the present case. This is a no injury case. The applicant has not been assigned the role of firing by the informant. Learned counsel has stated that the CCTV footage record also does not indicate the applicant to be one of the persons firing at the informant. It is further stated that there is no previous criminal history of the applicant except a case under the Gangster Act instituted subsequently to the present FIR. 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. The applicant is languishing in jail since 11.8.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶6Learned A.G.A. has vehemently opposed the bail application.

¶7Considering 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.

¶8Let the applicant-Abhishantraj, 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.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It 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 :- 7.11.2023 Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad