Point of Law: Criminal Trial - Bail Application - Nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.

JUDGMENT :

RAM KRISHNA GAUTAM, J.

1. Heard over bail application moved by applicant Dalveer to release him on bail in Case Crime No. 211 of 2020, under sections 323, 324, 308 IPC, Police Station Gangiri, District Aligarh.

2. Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.

3. Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Applicant is in jail since 18.11.2020 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Applicant is of no criminal antecedents. He was not arrested on the spot nor was there any recovery from him. Co-accused Mandeep has been enlarged on bail by trial court itself. The head injury being said to be suffered by injured was said to be caused by applicant whereas the other two accused also has been said to have given assault by Lathi and Danda who was author of present injury resulting head injury was not specified in the statement recorded under sections 161 and 164 Cr.P.C. Hence bail has been prayed for during trial.

4. Learned AGA has vehemently opposed the bail application with this contention that role of giving assault by spade is specifically against the applicant and head injury has been assigned to applicant itself.

5. Having heard learned counsel for both sides and gone through materials on record, it is apparent that the first information report of the occurrence being said to be of 21:00 PM of 17.10.2020 was got registered on 19.10.2020 and the genesis was said to be of criminal trespass and assault made by Mandeep, who have been enlarged on bail by trial court itself. Applicant is of no criminal antecedents.

6. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.

7. Accordingly, the bail application is allowed.

8. Let the applicant, Dalveer, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

(1) The applicant will not tamper with the evidence.

(2) The applicant will not indulge in any criminal activity.

(3) The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

(4) The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

(5) The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

(6) The computer generated copy of such order shall be self attested by counsel of the party concerned.

(7) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.

9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.