Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1830 of 2018 Applicant :- Ejaz Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Sarwar Khan Counsel for Opposite Party :- G.A.,Ali Hasan,T.B.Pandey,Tej Bhanu Pandey
Hon'ble Vivek Kumar Singh,J.
Counter and rejoinder affidavits have been exchanged.
Heard Sri Mohd. Sarwar Khan, learned counsel for the applicant, learned counsel for the complainant and Sri Zafeer Ahmad, learned A.G.A. appearing for the State.
According to the prosecution case the complainant lodged report against the applicant and one other co-accused alleging that when the brother of the complainant was sitting on his Medical shop on 27.10.2017 at 3.00 p.m. the co-accused caught hold of the victim and the applicant inflicted knife blow in his stomach and thereafter fled away from the place of occurrence.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that it is a case of sudden quarrel and there was no motive to commit such an offence. Further it is a case of single knife below and it was not repeated. It is also contended that injured was admitted in the hospital on 26.10.2017 and after the treatment he was discharged on 28.10.2017. It is further contended that the statement of the injured was recorded by the investigating officer after 19 days of the alleged occurrence. It is further contended that civil dispute is going on between the complainant and the father of the applicant due to which he has been falsely implicated in the present case just to harass the applicant. The incident is alleged to have taken place in the main market, but no public or eye witness is there to support the prosecution version, which creates doubt in the prosecution story. No weapon of assault has been recovered from the possession of the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 28.11..2017. The applicant has no other reported criminal antecedent.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Ejaz Ahmad involved in Case Crime No.1112 of 2017, under Section 307, I.P.C. Police Station Mariyahun, District Jaunpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
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.
Order Date :- 24.4.2018 IA