Dushyant v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32741 of 2023 Applicant :- Dushyant Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Mishra,Abhishek Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Rajesh Mishra, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State-respondent.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 360 of 2022, under Sections 307, 34 IPC, Police Station-Nauchandi, District-Meerut, during pendency of the trial in the court below.

¶3Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on

17.01.2023 and he is pressing the instant second bail application on the ground that applicant is not having any criminal history and he is in jail since 05.11.2022 i.e. for last more than a year and only role of catching hold has been attributed to him.

¶4He further submitted that even as per the prosecution, role of causing scissor injury to the injured was attributed to co-accused Kapil. He further submitted that it is a case in which, all of sudden, during marriage function incident occurred and even from the record, it reflects that applicant was not having any intention to cause injury to the injured and, therefore, he may be released on bail.

¶5Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant but could not dispute the fact that only allegation against the applicant was of catching hold and he is not having any criminal history and he is in jail for last more than a year.

¶6I have heard learned counsel for the parties and perused the record of the case.

¶7However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court but from the record, it reflects that role of catching hold has been assigned to the applicant and co-accused Kapil is the person, who inflicted scissor injury on the abdomen of the injured and applicant is in jail since November, 2022 i.e. for last more than a year and he is not having any criminal history.

¶8Therefore, considering the facts and circumstances of the case discussed above, particularly, the incarceration of the applicant of more than a year and the fact that role of catching hold has been attributed to him, in my view, applicant is entitled to be released on bail.

¶9Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶10Let the applicant-Dushyant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶11In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶12It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 14.12.2023 KK Patel High Court of Judicature at Allahabad