Allahabad High Court
Anshul Kumar @ Teetu @ Chhotu vs State Of U.P. on 15 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5746 of 2023 Applicant :- Anshul Kumar @ Teetu @ Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Shri Krishan Yadav Counsel for Opposite Party :- G.A.,Anees Baig,Anwar Hussain Hon'ble Sameer Jain,J.
Supplementary affidavit filed today on behalf of the applicant, is taken on record.
Heard Sri Shri Krishan Yadav, learned counsel for the applicant, Sri Anees Baig, learned counsel for the informant and Sri Ravi Kant Kushwaha, learned AGA, for the State.
The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.205 of 2022, under Sections 323, 34, 307, 326 and 506 IPC, Police Station Naseerpur, District Firozabad during pendency of the trial.
FIR of the present case was lodged under Section 323, 307 and 506 IPC against the applicant and two others and according to the FIR applicant and co-accused Santosh caught hold the informant and one Hari Babu respectively and thereafter they exhorted and on their exhortation co-accused Ankul @ Teetu opened fire due to which nephew of informant sustained fire arm injury on his abdomen.
Learned counsel for the applicant submitted that entire allegation against the applicant is totally false and baseless and applicant did not participate in the alleged crime. He next submitted that applicant is the real brother of Ankul @ Teetu and only due to this reason applicant has falsely been implicated in the present matter and role of causing fire arm injury to injured was assigned to co-accused Ankul @ Teetu and only allegation against the applicant is that he caught hold the informant and thereafter he exhorted and except this there is no other evidence against the applicant.
He next submitted that although applicant is having criminal history of three other cases but he has explained the criminal history of applicant in the affidavit and supplementary affidavit filed in support of the present bail application and in the present matter applicant is in jail since 19.11.2022.
Per contra, learned AGA and the learned counsel for the informant opposed the prayerfor bail and submitted that applicant actively participated in the crime and he was also having common intention to cause injury to the injured. They further submitted that due to the act of the accused persons the right leg of the injured had to be amputated and, therefore, considering the nature of allegation and nature of injury sustained by injured, applicant is not entitled to be released on bail.
I have heard learned counsel for the parties and perused the record of the case.
From the perusal of the FIR and the statement of injured Manoj Kumar it appears that only allegation against the applicant is that he caught hold the informant and after that he exhorted and thereafter accused Ankul @ Teetu opened fire which hit on the abdomen of the injured and, therefore, there is specific allegation against co-accused Ankul @ Teetu, to cause fire arm injury to the injured.
Although applicant is having criminal history of three other cases but his criminal history has been explained in the affidavit and supplementary affidavit filed in support of the present bail application and he is in jail in the present matter since 19.11.2022, therefore, in view of the discussions made above, in my view, applicant is entitled to be released on bail.
Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
Let the applicant-Anshul Kumar @ Teetu @ Chhotu 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.
In 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.
Order Date :- 15.3.2023 SKM