Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40146 of 2019 Applicant :- Mohd. Ismail Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Sri Mohammad Mustafa Khan and Sri Vijay Prakash Chaturvedi, Advocates have filed memo of appearance on behalf of the complainant, which is taken on record.
Heard learned counsel for the applicant, Sri Mohammad Mustafa Khan and Sri Vijay Prakash Chaturvedi, learned counsels for the complainant, learned A.G.A. for the State of U.P and perused the material available on record.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. He further submits that several persons are involved in the incident and the dispute arose on account of some landed property. Further, he adds that some altercation took place on the date of the incident in which sudden fight took place, which infact resulted in causing injury to the deceased. In fact, there was no motive specific or general to cause any such act. Moreover, there is no specific role assigned to the applicant and it is not specific who gave the fatal blow to the deceased. It has further been submitted that this is a case of sudden provocation and incident has taken place on the spur of moment. Under similar circumstances, co-accused- Taufiq Ahmad has already been admitted to bail by this Court in Criminal Misc. Bail Application No. 38162 of 2019, (Taufiq Ahmad Vs. State of U.P.) vide order dated 23.9.2019, copy whereof has been produced by the learned counsel for the applicant, the same is taken on record. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 13.6.2019.
Sri Mohammad Mustafa Khan and Sri Vijay Prakash Chaturvedi, learned counsels for the complainant have vehemently opposed the prayer for bail. However, they have not disputed grant of bail to another co-accused- Taufiq Ahmad, though the argument has been advanced in that regard that he is an outsider and his parentage is different from the present applicant and other co-accused.
Also heard the learned A.G.A. He has not disputed the fact advanced by the learned counsel for the applicant and the fact of bail to co-accused.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Mohd. Ismail involved in Case Crime No. 154 of 2019, under Sections - 323, 504, 304, 325, 308 I.P.C., Police Station - Siddharth Nagar, District - Siddharth Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 27.9.2019 S Rawat