Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34576 of 2018 Applicant :- Izharul Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukesh Kumar Pandey Counsel for Opposite Party :- G.A.,Dileep Kumar Srivastava
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of the complainant is taken on record.
Heard Sri M.K.Pandey, learned counsel for the applicant, Sri D.K.Srivastava,learned counsel for the and Sri Sanjay Singh, learned A.G.A. appearing for the State.
According to prosecution case, F.I.R. was lodged by the complainant against 10 persons including the applicant and about 12 unknown persons alleging that the accused who were armed with their respective weapons of assault caused injuries to the injured and thereafter the miscreants managed to flee away from the place of occurrence.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence.It is next contended that the applicant has been assigned the role of exhortation and no specific role has been attributed to the applicant. No weapon of assault has been recovered from the possession of the applicant.There is inordinate delay in lodging the FIR for which no plausible explanation has been given by the prosecution. General role of causing injuries to the injured has been assigned to all the accused. It is also submitted that co-accused Amir and Irfanullah have already been released on bail by the court below as stated in paragraph 14 of the affidavit filed in support of the bail application and other co-accused namely,Jafaruddin, Rizwan Ahmad, Faiyaz Ahmad and Iqbal have also been released on bail by this court, copies of the bail orders have been annexed as annexure-9 to the bail application, hence the applicant is also entitled to be released on bail on the ground of parity.Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the court.The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 2.7.2018. The applicant has no other reported criminal antecedent.
Learned counsel for the complainant and learned A.G.A. have vehemently opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22, the applicant is entitled to be released on bail.
Without expressing any opinion on the merits of the case, let the applicant Izharul involved in Case Crime No.640 of 2017(Crl.Case No.215 of 2018), under Sections 147, 148, 323, 307, 352, 452, 325, 427, 326, 504, 506 I.PC, P.S. Pataherwa.
District Kushi Nagar be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison Order Date :- 24.9.2018 IA