Virendra v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32243 of 2023 Applicant :- Virendra Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard learned counsel for the applicant as well as Sri R.M. Yadav, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 125 of 2023, U/S 332, 342, 308 IPC, Police Station Singhawali Ahir, District Baghpat, during the pendency of trial.

¶4As per prosecution story, the applicant alongwith co-accused person Subhash and the son of the informant Gulab Singh are stated to have taken drinks in the shop of the applicant in the night of 6.5.2023, as such, later on, trio are stated to have been involved in a fight thereby causing grievous injuries to Gulab Singh. Subsequent to it, the applicant and co-accused person Subhash are stated to have locked him up in the said shop of welding. In the morning, the father of the injured Gulab Singh got the information and got unlocked the shop and retrieved his son, who was sent to hospital for treatment and the FIR was instituted in the evening of 7.5.2023.

¶5Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He has further stated that as per the injury report, which has been annexed as Annexure-2 to the affidavit filed with the bail application, the injured person has been brought by home guard 439 Kuldeep Singh from Police Station Singhauli Ahir, District Baghpat and the medical examination has been conducted on 7.5.2023 as medico legal case at 9.55 am. It is next stated that the FIR has been instituted subsequently at 6.20 pm on 7.5.2023, as such, the FIR is delayed. Learned counsel has also stated that the injuries have been sustained by hard and blunt object and are not on vital organs. Learned counsel has also stated that the matter is of free fight and the fractures sustained by the injured person cannot be assigned to the applicant.

¶6Several 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. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since

8.5.2023. 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 but has not disputed the fact that there is no criminal history of the applicant.

¶8Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India 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-Virendra 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. (Justice Krishan Pahal) Order Date :- 21.11.2023\Shalini High Court of Judicature at Allahabad