Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23114 of 2019 Applicant :- Mainuddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Shamshuddin Khan Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Shivendra Raj Singhal, Advocate, has filed his Vakalatnama on behalf of complainant which is kept on record.
Heard Sri Shamshuddin Khan, learned counsel for the applicant, Sri Shivendra Raj Singhal, learned counsel for the complainant, Sri Shoiab Khan, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Mainuddin with a prayer to enlarge him on bail in Case Crime No.204 of 2017, under Section 302 I.P.C., Police Station Maudaha, District Hamirpur.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that the FIR was lodged by Zamin Ali s/o deceased stating therein that on 11.3.2017 when father of informant, namely, Aashiq Ali along with mother Smt. Monakka and wife of the informant Smt. Noor Fatima were going to their field to cut the crops, as many as three accused persons, i.e., the applicant alongwith his brother Kamaruddin and co-accused Amir, who were already waiting for them due to some old enmity, assaulted the father of the informant by lathi and axe, due to which the informant's father (now deceased) sustained injuries. The applicant as well as his brother Kamaruddin have been assigned the role of assaulting the deceased by axe whereas co-accused Amir has been assigned the role of causing injury to the injured (now deceased) by lathi. It has further been alleged that earlier the brother of Kamruddin and Mainuddin, namely, Kamaluddin was murdered in which the informant as well as deceased were being suspected. It has further been argued that the informant is not an eye witness of the alleged incident and as per statement of the eye witness Smt. Monakka- wife of the deceased, Kamaruddin and the applicant having axe in their hands whereas other co-accused Amir having lathi in his hand assaulted the deceased. As per the injury report, there is only axe injury on the vital part of the injured. Even if the version of the FIR is presumed to be true, the applicant has been assigned the role of causing axe injury to the deceased which was not fatal to the injured. As per statement of eye witness, two persons were having axe and one was having lathi in their hands, who caused injuries on the vital part of the injured, but the author of the said injury is not specified. Criminal history of the applicant is explained in para no.17 of the bail application. It is next contended that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 12.03.2017. Accordingly, he requests for bail.
Learned counsel for the informant as well as learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 3.6.2019 Anand Sri./-