Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44035 of 2021 Applicant :- Amir Ansari And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Matiur Rehman Khan Counsel for Opposite Party :- G.A.,Manoj Kumar Maurya
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicants and learned A.G.A. for the State. Perused the record.
The instant bail application has been filed on behalf of the applicants Amir Ansari, Irashad Ansari and Soharab Ansari with a prayer to release them on bail in Case Crime No.112 of 2020, under Sections 147, 148, 149, 302, 308, 323, 452, 504, 506, 325 IPC, Police Station Salempur, District Deoria.
It is argued by the learned counsel for the applicants that the FIR has been lodged against 21 known and 10-12 unknown persons. All the accused persons are attributed the role of assault with lathi-danda and rod etc. Various co-accused have been granted bail. The copy of the bail orders are appended from page 139 to 148 to the bail application. The main accused Kitabuddin at whose pointing out lathi, used in the incident, is said to be recovered has also been granted bail.
Learned AGA has opposed the bail application and argued that at the time of incident one person has died and one person has sustained injury, hence, the accused is not entitled for bail. However, learned AGA could not deny the fact that various co- accused have been granted bail and copy of the bail orders have been appended to the bail application.
After going through the facts it is found that the FIR was got registered on 27.06.2020 at 18:30 p.m. and on the same day at 3 O'clock the named persons and 10-12 unnamed person assaulted the father of the complainant with lathi-danda, rod, spear and gun etc. calling abuses with the intention of causing death of the father of the complainant and thrashed him badly as a result father of the complainant got unconscious on the spot where brother, uncle and the mother of the complainant reached to rescue the injured then Ishtiyak Ahmad extorted them and the other co-accused persons thrashed Manish with lathi-danda and rod on his head, uncle Om Prakash and mother of the complainant were also beaten inside the house. When the deceased was taken to the hospital, he was declared dead.
It is evident from the FIR that the general allegations of assaulting by lathi-danda are made wherein the death of one person has been caused and three persons are said to have injured, who gave fatal blow to the deceased is not specified. The lathi used in incident is said to have been recovered on the pointing out of Kitabuddin he has also been enlarged on bail. Copy of the bail orders of the co-accused Mustaq, Islam, Mukhtar Ansari, Kayamuddin, Vakil, Kitabuddin, Israfil @ Sahabuddin and Raju @ Shamshad Ansari have been filed. The present accused has also not been attributed any specific role in the incident and on the ground of parity bail is seeked.
Upon hearing learned counsel for the parties and after perusal of record and considering the complicity of offence, severity of punishment, period of custody 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.
The bail application is allowed.
Let the applicants Amir Ansari, Irashad Ansari and Soharab Ansari be released on bail in Case Crime No.112 of 2020, under Sections 147, 148, 149, 302, 308, 323, 452, 504, 506, 325 IPC, Police Station Salempur, District Deoria, on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants 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 applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants 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 applicants to prison.
Order Date :- 21.12.2021 Shahroz