Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17897 of 2021 Applicant :- Abdul Raheem Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Mishra Counsel for Opposite Party :- G.A.,Dharmendra Kumar Singh,Sami Ullah Khan
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 49 of 2020, under Sections 323, 504, 506 and 304 I.P.C., P.S. Kokhraj, district-Kaushambi, is seeking enlargement on bail during the trial.
The first information report was lodged against four persons, including present accused, alleging therein that on 23.1.2020 when his father Zafarullah and uncle Ismail had gone to market, the accused persons, who were having enmity with kin of informant, after hurling abuses committed maar-peet with them.
Learned counsel for the applicant submits that neither there is no mention of time of occurrence in the FIR nor any mention of weapon, which was allegedly used in the crime. He next submits that as per the averment made in the first information report all the four accused persons are alleged to have assaulted the deceased Zafarullah, however, his postmortem report shows only one injury on his head and it is not known that who has caused head injury to the deceased. In view of the above possibility of the prosecution case being exaggerated and false implication of several innocent persons in the present case cannot be ruled out. He also submits that when the deceased was taken to the hospital first time, the doctor had found a lacerated wound on his head and in the postmortem report the wound was narrated as incised. As per medical report of the injured Ismail, all the injuries sustained by him are simple in nature. Further submission is that the applicant was assigned the role of hitting finds mentioned in the statement of the injured Ismail, which was recorded after a delay of 25 days on 18.2.2020, which is wholly untrustworthy. He lastly submitted that the applicant, who is in jail since 28.1.2020 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
Sri Sami Ullah Khan, learned counsel for the informant has vehemently opposed the prayer for bail and submitted that the main role was assigned to the present accused, who was said to have assaulted the deceased with 'chopper'.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Abdul Raheem be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official 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.
Order Date :- 28.7.2021 Faridul