Gautam v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48076 of 2023 Applicant :- Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Sunil Kumar Dubey, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No.759 of 2023, under Section 307 I.P.C., Police Station Vijay Nagar, District Ghaziabad, during the pendency of trial.

¶4As per prosecution case, the applicant, who happens to be the husband of the injured person, is stated to have assaulted his wife on 25.9.2023 at about 07:00 p.m., thereby inflicting two injuries to her face and neck.

¶5Learned counsel for the applicant has argued that he has been falsely implicated in the present. The FIR is delayed by about one day and there is no explanation of the said delay caused. Learned counsel has stated that the deponent herein herself is the injured person and it is mentioned in it that she has sustained injuries as she got entangled to a wire on the road to her home. Learned counsel has further stated that the said FIR has been instituted by the sister of the applicant raged due to the fact that the said marriage of the applicant and deponent is inter religion marriage.

¶6Learned counsel for the applicant has further stated that there is no criminal antecedent of the applicant. 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 1.10.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Learned A.G.A. has vehemently opposed the bail application.

¶8Considering 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.

¶9Let the applicant-Gautam, 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.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11It 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 :- 21.11.2023 Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad