Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29792 of 2021 Applicant :- Faizan Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar
Hon'ble Ajit Singh,J.
The present bail application was filed through e-Filing. Since the normal functioning of the Court resumes and learned counsel are appearing on behalf of their respective parties in the Court. The Court heard the matter physically after taking additional copy of the bail application from learned counsel for the applicant the case is taken up physically.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 147 of 2021, under Sections 302, 307 and 323 I.P.C., P.S. Sikandarabad, district-Bulandshahar, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against four persons, including present accused, alleging therein that on 8.3.2021 at about 2:00 p.m. when the son of the informant was playing in the locality, then the accused persons came and started assaulting him. It was also alleged that in retaliation of quarrel, which took place few days ago, the co- accused Salman with the intention to kill the son of the informant had shot fired at him, causing serious injury to him. The injured was taken to the hospital, where the doctor had referred him to Yatharth Hospital as his condition was critical.
Learned counsel for the applicant submits that in the first information report general role of assaulting the deceased was made against all the accused persons and the main role of firing at the deceased was attributed to other co-accused Salman. Further submission is that the injured in his statement has also attributed the fatal firearm injury to the co-accused Salman and in view of the above, the role of applicant is clearly distinguishable from that of co- accused Salman (Annexure-4). He lastly submits that the applicant, who is in jail since 10.3.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
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, Faizan 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 :- 13.8.2021 Faridul Digitally signed by Justice Ajit Singh Date: 2021.08.16 17:20:38 IST Reason: Document Owner Location: High Court of Judicature at Allahabad