Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44287 of 2021 Applicant :- Mohd. Sher Opposite Party :- State of U.P.
Counsel for Applicant :- Shiv Shankar Kaithal Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Mohd. Sher in connection with Case Crime No.99 of 2020, under Sections 323, 504, 506, 34, 452, 308 I.P.C., Police Station Rura, district Kanpur Dehat.
The first information report of this incident was lodged by the complainant against seven named persons. It was alleged in the first information report that on 11.03.2020 at about 11 a.m. he was sitting in front of his house the named accused persons came there and started abusing him and committed marpit with him. It was further alleged that in the incident son, wife and brother of complainant were received serious injuries.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that in this incident three persons sustained injuries and Shamim received grievous injuries on his head. He submitted that applicant is aged about 70 years and as per provision of Section 437 Cr,P.C. he should be dealt with leniency. He submitted that there is general allegation of assaulting the injured against seven persons. No specific role has been assigned to the applicant. He submitted that in the incident the complainant side had also received injuries. Neither the incident was preplanned nor premeditated but it was a result of sudden fight due to spur of moment. He submitted that the applicant is languishing in jail since 11.09.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Mohd. Sher involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 26.10.2021 R./ Digitally signed by Justice Ajit Singh Date: 2015.04.02 03:33:55 IST Reason: Document Owner Location: High Court of Judicature at Allahabad