Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
Learned Counsel for the applicant has submitted that as per the prosecution story, while the son of the complainant was returning to his house, the accused applicant abused him due to not casting his vote in favour of his wife as a result whereof she was defeated in the election of Pradhan. The accused applicant started Mar-peet with kick and fists. It is also alleged in the FIR that on the information, Rohit, Ankit, Sushil, Ajay and 2-3 persons reached and asked the accused applicant not to quarrel as the election of the Pradhan is over but they assaulted and running away and in the meantime, on the instigation of accused persons, the present applicant and Furkan opened fire upon them due to which Rohit received injury on his shoulder, Sushil received injury on his right knee and Ankit received injury on his right thigh.
Learned Counsel for the applicant has further submitted that the applicant is innocent and he has been falsely implicated in this case. The applicant has not committed any offence as alleged in the FIR. As per the prosecution story, the accused applicant and other-accused person has opened fire from the pistol but nobody has received firearm injury, which itself proves that the entire prosecution story is false, fabricated and concocted and not supported by the medical evidence. Copies of injury reports have been filed by the State as Annexure CA-3 to the counter affidavit.
It has also been submitted by learned Counsel for the applicant that the applicant has a criminal history of one case which has been explained by the applicant in the supplementary affidavit filed on 13.06.2021. After completing the investigation, the charge-sheet has been filed. The applicant is in jail since 07.05.2021. There is no chance of absconding and tampering with the prosecution witnesses. There is no allegation with regard to non-cooperation with the investigating agency. In case, the applicant is released on bail, he will appear before the trial court as and when requires and shall also abide by the conditions of bail imposed by this Court.
Per contra, learned AGA has opposed the prayer for bail but has not contradicted the fact that injury reports have not supported the prosecution case as all injuries sustained by the injured persons are caused by hard and blunt object.
Sri Shrawan Kumar, learned Counsel for the complainant has also vehemently opposed the prayer for bail but not contradicted the fact that the applicant is in jail since 07.05.2021.
Without entering into the merits of the case and keeping in view the facts and circumstances of the case, arguments advanced by learned Counsel for the parties, the period of incarceration and also there is no reason of apprehension that he would not co-operate with the trial, his presence can not be ensured, he will not abscond, he will not tamper with the prosecution witnesses and the evidence in absence of any concrete material, and also the fact that the investigation has already been completed and the charge-sheet has been filed, the injury reports do not support the prosecution case, I am inclined that it is a fit case for grant of bail to the applicant.
Accordingly, the bail application is allowed.
Let the applicant Hazi Rizwan be released on bail in Case Crime No.151 of 2021, under Sections 147, 148, 149, 307, 323, 504, 506, 188, 269, 270 IPC and Section 3/4 of Epidemic Diseases Act and Section 7 of the Criminal Law (Amendment) Act, Police Station Kotwali Dehat, District Sitapur on his furnishing personal bonds and two reliable sureties each of the like amount to the satisfaction of the court concerned with the following conditions:
(1) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;
(2) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 27.8.2021 akverma