Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41219 of 2018 Applicant :- Faizan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ch. Dil Nisar,Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A.,Rizwan Ullah Siddiqui,Shamshad Ahmad
Hon'ble Rajeev Misra,J.
Heard Mr. Ch. Dil Nisar, learned counsel for the applicant, the learned A.G.A. for the State, and Mr. S.K. Srivastava, Advocate, holding brief of Mr. Rizwan Ullah Siddiqui, learned counsel for the complainant.
This bail application has been filed by the applicant Faizan, seeking his enlargement on bail in Case Crime No. 583 of 2018 under Sections 326A, 506 IPC, P.S. Kotwali Dehat, District Saharanpur during the pendency of the trial.
From the record, it appears that an incident occurred on 30.8.2018, in which Hina sustained acid burn injuries. The F.I.R. in respect of the aforesaid incident was lodged on 31.8.2018 by the father of the victim, which was registered as Case Crime No. 583 of 2018 under Sections 326A, 506 IPC, P.S. Kotwali Dehat, District Saharanpur. In the aforesaid F.I.R., four persons namely, Faizan (husband), Jishan, Abdul Latif (father-in-law), Yusuf were nominated as the accused. Subsequent to the registration of the aforesaid F.I.R., the investigation of the same proceeded and the Investigating Officer during the course of investigation recorded the statement of the victim namely, Smt. Hina under Section 161 Cr.P.C., which is on the record at page 20 of the paper book. In her statement under section 161 Cr.P.C., the victim has categorically assigned the role of throwing acid to Faizan who is the husband. Upon completion of the statutory investigation of the aforesaid case crime number in terms of Chapter XII Cr.P.C, the Police submitted a charge-sheet dated 26.10.2018, upon which cognizance has been taken on 29.10.2018. However, it is not clear as to whether the case has been committed to the Court of Sessions or not.
Learned counsel for the applicant submits that though the applicant is the husband of the victim but he is innocent. The applicant is in Jail since 1.9.2018, wrongly typed as 1.10.2018 in the paper book. The applicant has no criminal antecedents to his credit except the present one. There is clear contradiction in the prosecution story as unfolded in the F.I.R. and the statement of the victim recorded under section 161 Cr.P.C. On the aforesaid factual premise, it is urged that since the prosecution case is itself not consistent, the applicant is liable to be enlarged on bail.
Per contra, the learned A.G.A. and Mr. S.K. Srivastava, Advocate, holding brief of Mr. Rizwan Ullah Siddiqui, learned counsel for the complainant, have opposed the prayer for bail. They submit that the applicant is a charge sheeted accused. There is no dispute regarding the identity of the deceased. The burden of throwing acid upon the deceased by the applicant has specifically been mentioned in the F.I.R., which fact has also been mentioned in the statement of the victim, recorded by the Investigating Officer under section 161 Cr.P.C. It is thus urged that no case for grant of bail is made out and the bail application of the applicant is liable to be rejected.
Having considered the submissions made by the learned counsel for the applicants, the learned A.G.A. for the State and upon perusal of the material brought on the record and the complicity of the applicant but without making any comments on the merits of the case, I do not find any good reason to exercise my discretion in favour of the accused applicant. Thus, the bail application of the present applicants stands rejected.
However, the trial court is expected to gear up the trial of the aforesaid case and conclude the same within a period of six months from the date of production of a certified copy of this order, in accordance with law, without granting any unnecessary adjournment to either of the parties, provided the applicant fully cooperates in conclusion of the trial, if there is no other legal impediment.
Office is directed to transmit a certified copy of this order to the court concerned within a fortnight.
Order Date :- 30.11.2018 Arshad