Grish @ Girish and 2 Others v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46961 of 2023 Applicant :- Grish @ Girish And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Achyuta Nand Pandey,Ram Kumar Malviya Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for applicants and learned AGA for State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicants on bail in Case Crime No.595 of 2023, under Sections 147, 323, 504, 367 IPC, Police Station Atrauli, District Aligarh during the pendency of trial.

¶3Learned counsel for the applicants has argued that the applicant s are absolutely innocent and have been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is further contended that there is no motive behind the incident. The injuries sustained by the injured are simple in nature and none of the injuries has been caused by sharp edged weapon. He further contends that applicants were not armed with any deadly weapon. He further contends that victim of the case is a characterless youth and he used to entice the girls of the locality, in this regard the villagers have made complain against him but no action was taken by the authorities concerned. It is also contended that the co-accused persons have already been enlarged on bail by this Court vide order dated 08.11.2023 passed in Criminal Misc. Bail Application No.46114 of 2023 (Akash and 2 others Vs. State of UP), therefore, the applicant is also entitled to be enlarged on bail as the case of the applicants is on the better footing to that of the aforesaid co-accused. There is no criminal history against the applicants. There is no likelihood of their abscondence or tampering with the evidence. The applicants are in jail since 04.09.2023 and in case they are enlarged on bail, they will not misuse the said liberty.

¶6Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions advanced by the counsel for the applicants.

¶7Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicants are entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶8Let the applicants - Grish @ Girish, Sachin and Vikash, involved in the aforesaid case be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that they:

(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.

¶9In 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 :- 23.11.2023 Shahroz/Vinod. High Court of Judicature at Allahabad