Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32337 of 2017 Applicant :- Israr Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashfaq Ahmed Ansari,Ashok Kumar Singh Bais,M J Akhtar Counsel for Opposite Party :- G.A.,Keshari Nath Tripathi
Hon'ble Ajit Kumar,J.
Counter affidavit filed today on behalf of the State is taken on record.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
The applicant is involved in Case Crime No. 181 of 2017, under Sections 307, 323, 324, 504 and 506 I.P.C., Police Station- Gagalhedi, District- Saharanpur.
As per the first information report, there was a fight between two groups and both the side suffered injuries. The applicant while annexing injury report on informant's side has also brought on record injuries suffered by father Irfan. The applicant has also brought to the notice of the Court the first information report which was lodged by wife of the Irfan registered as Case Crime No. 208 of 2017 under Sections 147, 148, 323 and 325 I.P.C. on 15th July, 2017 vide application under Section 156 (3) Cr.P.C. Learned counsel for the applicant has also filed supplementary affidavit in which he has annexed a compromise allegedly reached between both the parties outside the Court. Learned counsel for the applicant further contends that the applicant is languishing in jail since 03.07.2017.
Sri Keshari Nath Tripathi, learned counsel for the complainant as well as learned Additional Government Advocate has, however, opposed the prayer for grant of bail but could not controvert the fact that there was a cross case and that the injuries were also suffered on the applicant's side.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the applicant, but without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be enlarged on bail.
Let the applicant- Israr involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned.
However, applicant has been directed to be enlarged on bail with condition that he shall appear before court concerned as and when required and shall not avoid personal appearance, failing which, the court below will be at liberty to cancel the bail.
It is also directed that identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
Order Date :- 29.3.2018 Atmesh