Sharad Upadhayay v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5043 of 2023 Applicant :- Sharad Upadhayay Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Abhay Pratap Verma,Hari Om Singh,Shailendra Tripathi Counsel for Opposite Party :- G.A.,Mool Chandra Hon'ble Mrs. Jyotsna Sharma,J.

¶01Heard Shri Abhay Pratap Verma, learned counsel for applicant and learned A.G.A. for the State.

¶02The present bail application has been filed by the applicant seeking bail in case crime no.64 of 2023, under Sections 147, 148, 149, 307, 504 and 506 I.P.C., P.S. Kotwali Dehat, District Sultanpur.

¶03As per version of the F.I.R., father of the first informant was at his house under construction. The accused applicant Sharad Upadhayay along with co-accused Ashish Dubey, Kuldeep Singh, Suraj Upadyay, Sumit Dubey and 2-3 unknown persons, came armed with iron rods and other weapons. They attacked his father causing injuries. Sharad Upadhyay and Ashish Dubey fired upon him but it did not hit his father. They fled away threatening to take his life. Admittedly chargesheet has been submitted against the present applicant and investigation is going on against rest of the accused persons.

¶04It is contended on behalf of the applicant that he has been falsely implicated in this case because of previous enmity. They belong to same place. It is further contended that lone injured sustained only one injury of the nature of laceration of minor dimensions on his forehead. Injury was found simple in nature. There is no specific allegation against applicant that he was the one who attacked his father. Implication is false and this fact is amply shown in the later part of the F.I.R., in which it is said that the accused-applicant and his associate Ashish Dubey fired with pistol but it missed the target. There is no firearm injury. It is argued that the applicant is the victim of false implication.

¶05The application for bail is opposed by learned A.G.A. However, it is conceded that that the applicant is having no previous criminal antecedents and that he is in jail since 13.02.2023.

¶06I considered nature of the allegations, role ascribed to the applicant, the evidence proposed, the severity of punishment and all other facts and circumstances of the case. In my view, a case for bail is made out..

¶07Let applicant -Sharad Upadhayay be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not temper with evidence/witnesses.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) framing of charge and (ii) recording of statement under Section 313 Cr.P.C. without exception.

(iv) It is further provided that before issuing the release order, present as well as permanent address of the accused as well as sureties shall also be duly verified and the applicant shall submit undertaking that he shall not change his address without prior intimation to the court concerned.

¶08Any violation of above conditions will be treated as misuse of bail and learned Court below will be at liberty to pass appropriate order.

¶09It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 21.11.2023 Asha High Court of Judicature at Allahabad, Lucknow Bench