Research › Search › Judgment

Allahabad High Court · body

2015 DIGILAW 1603 (ALL)

Chhotu @ Umar v. State of U. P.

2015-06-23

HARSH KUMAR

body2015
JUDGMENT Harsh Kumar, J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 2. Learned counsel for the applicant contended that the applicant is not named in the F.I.R.; that the applicant has been falsely implicated being friend of co-accused Kishan; that no active role has been assigned to the applicant as the role of causing fire arm injury has been assigned to Kishan, named in the F.I.R.; that the statement of first informant as well as injured has been recorded after two months of the incident in which by way of improvement it has been developed that on a previous dispute applicant acted as mediator and was got identified co-accused Kishan and the incident in question is alleged to have taken place at the instigation of applicant; that the applicant has no criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 16.4.2015. 3. Learned A.G.A. opposed the prayer of bail. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. 4. Let the applicant Chhotu @ Umar be released on bail in Case Crime No.22 of 2015, under Sections 307, 504, 506/34 I.P.C., P.S. Kotwali, District Azamgarh, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions: - (i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iii) The applicant will not indulge in any unlawful activities. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.