Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22454 of 2021 Applicant :- Mohd. Imran Opposite Party :- State of U.P.
Counsel for Applicant :- Arun Kumar Srivastav,Dr. Arun Srivastav Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, applicant-Mohd. Imran, who is involved in Case Crime No. 51 of 2021, under sections 302, 120-B, 212 IPC, police station Sungarhi, district Pilibhit, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, informant Smt. Shahana Begam, who is the wife of the deceased and eye-witness of the incident, has lodged first information report dated 25.02.2021 for offence under section 307 IPC against the two named accused persons, namely Mohd. Imran (applicant) and Banti and one unknown person, alleging inter alia therein that she received information at about 6.15 O clock that some altercation took place between her husband and accused persons. On hearing the noise, she along with her elder brother- in-law Mushtaq Ahmad and two other persons, namely, Kake and Imran rushed at the spot and tried to intervene, but in the meantime, co-accused Banti fired shot, which hit to her husband Mohd. Yameen (deceased) on his head. At that time, Mohd. Yaseen, who is also elder brother-in-law of the informant, also came there and tried to apprehend the accused persons, but they succeeded in fleeing away from the spot. The deceased was taken to the District Hospital.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. Main substratum of argument of learned counsel for the applicant is that as per post-mortem report, the deceased has received one fire arm wound of entry and one fire arm wound of exit, which are connected to injury No.1 because of which the deceased died. It is further submitted by learned counsel for the applicant that the role of shooting the deceased has been assigned to co-accused Banti. It is pointed out by learned counsel for the applicant that other witnesses have also supported the prosecution case attributing the role of firing to co-accused Banti, therefore the case of present applicant stands on different footing to that of co-accused Banti. It is also submitted that the applicant has criminal history of seven cases, which has been explained in supplementary affidavit dated 23.08.2021. The applicant is facing detention since 20.03.2021. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the applicant along with other co-accused have actively participated in the murder of the deceased, but does not dispute that main role of causing injury to the deceased, by which he died, has been assigned to co-accused Banti.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, considering the fact that main role of causing injury by fire arm to the deceased has been assigned to co-accused Banti and the case of the applicant is distinguishable from the case of co-accused Banti, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Mohd. Imran, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(1) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That the applicant 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(3) That after his release, the applicant shall not involve in any criminal activity.
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, the court concerned will be at liberty to cancel the bail and send the applicant to prison. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
It is made clear that benefit of this bail order will not be extended to co-accused Banti.
Order Date :- 23.9.2021 Sazia Digitally signed by SANJAY KUMAR SINGH Date: 2021.09.23 16:44:37 IST Reason: Document Owner Location: High Court of Judicature at Allahabad