Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4719 of 2021 Applicant :- Imran Quraishi Opposite Party :- State of U.P.
Counsel for Applicant :- Jamaluddin Mohd. Nasir,Tariq Maqbool Khan Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State and perused the material placed on record.
By means of this application, applicant-Imran Quraishi, who is involved in Case Crime No. 323 of 2019, under sections 302, 307, 506 IPC, police station Tiwaripur, district Gorakhpur, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, informant Farhan Khan lodged first information report on 05.11.2019, for the offence under sections 307, 506 IPC against the applicant and co- accused Kamran Quraishi, making allegation inter alia that on the date of incident, some altercation took place between the applicant and his brother (deceased) near Golghar. Thereafter, the accused persons armed with knife came and stabbed the knife in the stomach of the deceased-Shahbaz. The informant tried to save his brother, then he also received knife injury in his hand.
It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. There is no knife injury has been found in the hand of the informant. It is next submitted by the learned counsel for the applicant that as per injury report of the informant, the injury received by the informant was caused by hard and blunt object. Learned counsel for the applicant further contended that there is no recovery of knife on the pointing out of the applicant. It is also submitted that the applicant has no criminal history to his credit and is languishing in jail since 19.11.2019. Learned counsel for the applicant also submitted that co-accused Kamran Quraishi has already been granted bail by co-ordinate Bench of this Court vide order dated 06.08.2021 passed in Criminal Misc. Bail Application No. 19117 of 2021 and the case of the present applicant stands on similar footing to that of co-accused Kamran Quraishi, therefore, the applicant is also entitled to be released on bail on the ground of parity.
Per contra, learned Additional Government Advocate vehemently opposed the prayer for bail and has submitted that in the post-mortem report of the deceased, one incised wound has been found on the body of the deceased. He further submits that the informant in his statement has clearly assigned the role of causing injury by knife to the deceased against the present applicant-Imran Quraishi, therefore the case of the applicant is distinguishable from the case of co-accused Kamran Quraishi.
Having heard the argument of learned counsel for the parties, I find that in the investigation it has come on record that the deceased died due to one incised wound caused by the present applicant. Co-accused Kamran Quraishi has been granted bail on the ground that he has only assigned the role of exhortation and the case of the co-accused Kamran Quraishi is distinguishable from the case of present applicant, therefore it is not a case of parity of bail granted to the co-accused.
Considering the facts and circumstances of the case, submissions advanced on behalf of parties, gravity of the offence and severity of the punishment, I do not find any good ground to grant bail to the applicant.
Accordingly, the bail application is rejected.
It is directed that in case certified copy of this order is not issued due to COVID-19 pandemic, the copy of the order downloaded from the official website of the Allahabad High Court shall be acted upon.
Order Date :- 12.8.2021 Sazia