Allahabad High Court
Rinku Bhati vs State Of U.P. on 26 August, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21632 of 2020 Applicant :- Rinku Bhati Opposite Party :- State of U.P. Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble J.J. Munir,J.
Learned counsel for the applicant has filed supplementary affidavit alongwith a declaration that he shall file a duly sworn affidavit within two weeks which shall be restored to records. This order is being passed, therefore, subject to a certain conditions in this regard.
This is an application for bail on behalf of the applicant, Rinku Bhati in connection with Case Crime No.118 of 2020, under Sections 147, 148, 149, 307, 364, 325, 504, 506 IPC, Police Station - Sikandrabad, District - Bulandshahr.
Heard Sri Gyan Prakash Mishra, learned Counsel for the applicant and the learned A.G.A. appearing for the State.
The submission of the learned Counsel for the applicant is that though the applicant is not named in the F.I.R. and injuries sustained are very trivial, the F.I.R. was registered, amongst others, under Sections 307, 364 IPC. However, now after investigation, the charge sheet dated 07.08.2020 has been filed by the police, a certified copy of which has been annexed to the supplementary affidavit filed today, where the offences disclosed are under Sections 147, 148, 149, 506 323, 504 IPC. The offences under Sections 307 and 364 IPC have not been found to be made out. Looking to the injury report and the fact that the applicant has not been charge sheeted for offence punishable under Sections 307, 364, 325 IPC, it is submitted by the learned counsel for the applicant that the applicant is entitled to bail. It is also pointed out that the applicant has no criminal history and he is in jail since 02.04.2020.
Learned A.G.A. has opposed the bail plea but does not dispute the fact that the charge sheet filed does not include offences punishable under Sections 307, 364, 325 IPC.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the injuries sustained by the victim are not grievous, the fact that charge sheet has been filed not for offence punishable under sections 307, 364, 325 IPC, the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Rinku Bhati in connection with Case Crime No.118 of 2020, under Sections 147, 148, 149, 307, 364, 325, 504, 506 IPC, Police Station - Sikandrabad, District - Bulandshahr, be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) 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.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 26.8.2020 Atul