Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28241 of 2021 Applicant :- Asif Opposite Party :- State of U.P.
Counsel for Applicant :- Rajiv Sisodia,Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.,Ishwar Chandra Tyagi
Hon'ble Samit Gopal,J.
Heard Sri Rajiv Sisodia, learned counsel for the applicant, Sri Ishwar Chandra Tyagi, leraned counsel for the first informant and Sri S.B. Maurya, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure which has been filed by the applicant Asif seeking enlargement on bail during trial in connection with Case Crime No. 94 of 2021, under Sections 147, 148, 149, 323, 307, 302, 34, 504, IPC, registered at P.S. Didoli, District Amroha.
Learned counsel for the applicant argued that although the applicant is named in the First Information Report along with seven other co-accused persons as an accused but he has been falsely implicated in the present case. It is argued that common and general role has been assigned to all the accused persons in the First Information Report of assaulting the deceased Maqsood and other persons out of whom there is a reference that Pappu, Smt. Sultan Jahan and Guddu received injuries but as a matter of fact in the present case Pappu, Salith and Guddu have received injuries and are the injured persons. It is argued that the deceased as per the postmortem report has received head injury which is the cause of death as per the doctor which has been opined as hemorrhage, shock and coma due to head injury. It is further argued that even the alleged injured Pappu in his statement recorded under Section 161 Cr.P.C. common and general role have been assigned to the accused persons of assaulting the deceased and the injured persons. It is further argued that there is no specification of the role. He further argued that the applicant is in jail since 07.04.2021 as mentioned in the order dated 22.06.2021 passed by In-charge Sessions, Judge Amroha, free copy of which is annexed as annexure 9 to the affidavit by which the bail application of the applicant has been rejected.
Per contra, learned counsel for the first informant and the learned counsel for the State opposed the prayer for bail and argued that the applicant and other co-accused persons were armed with deadly weapons and for a petty amount assaulted four persons as a result of which one of person lost his life and three of them are injured out of which one injured person namely Pappu suffered from serious injury on his head. It is argued that as such the implication of the applicant in the present case is there and the role has been assigned and as such the prayer for bail of the applicant be rejected.
I have heard learned counsel for the parties and have gone through the records, it is evident that the First Information Report states of eight persons assaulting the deceased and three injured persons. There are roles assigned to all the accused persons. The three injured persons namely Pappu, Guddu and Salith have received injuries. The participation of the applicant is there in the case. I do not find it a fit case for bail.
Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail.
The bail application is, accordingly, rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 16.8.2021 M. ARIF (Samit Gopal, J.)