Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56752 of 2019 Applicant :- Mohammad Meraj And 03 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Anwer Jamal,Shiv Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants learned A.G.A. for the State and perused the material on record.
By means of this application, the applicants who are involved in Case Crime No. 194 of 2019, under Sections 147, 302, 323, 504 I.P.C., P.S. Sikandarpur, district-Ballia, are seeking enlargement on bail during the trial.
Report of this incident was lodged by the complainant on the allegation that today, i.e. 2.11.2019 complaint and his friend Chottu were coming in front of Gitti-Morang shop of Guddu Madhesiya at about 6:10 p.m. when Jamshed alais Goli Siddiqui came from behind and hit the complainant with motorcycle and when he asked them not to do so they committed maar peet with the complainant and it was further alleged after that incident all the accused persons (seven in number) came to the house of complainant having lathi-danda in their hands and they committed maar- peet with the family members and the maternal grandfather of the complainant and in this incident complainant's maternal grandfather became unconcious and he was taken for medical treatment where doctor declared him dead.
Learned counsel for the applicants submitted that the present applicant is quite innocent and general role of maar-peet was assigned to all the accused persons. He next submitted that when the postmortem of the deceased was conducted the doctor did not find any injury on the person of the deceased and doctor opined that cause of death could not be ascertained and hence viscera was preserved. He further submitted that there is allegation of maar-peet with the family members of the complainant but no one has suffered any injury and the entire story seems to be totally false. He lastly submitted that the applicant, who is in jail since 2.11.2019 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A. but has not disputed he fact that the deceased has not received any injury in the maar-peet and other persons who have received injuries are simple in nature.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicants are entitled to be enlarged on bail during the pendency of the trial.
Let the applicants, Mohd. Meraj, Javed Akhtar, Rizwan Ansari and Tasleema Ansari be released on bail in the aforesaid crime on their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicants shall attend the court according to the conditions of the bond executed by them.
(b) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 20.12.2019 LBY