Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40284 of 2019 Applicant :- Mustafa Opposite Party :- State Of U.P. Counsel for Applicant :- Pankaj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the applicant was initially implicated for the offences under Section 323, 324, 504, 506 I.P.C. He was enlarged on bail on 23.04.2019 by the Court below. Subsequently charge-sheet has been submitted under Section 307 I.P.C and has bail under aforesaid sections has been rejected by order dated 07.09.2019, hence he is before this Court.
It has been submitted that there is no grievous injury found to the body of injured. The injury report of a B.M.A.S. Doctor has been brought on record, which shows that there is deep sharp wound present over the front neck of the injured, Rubina and abrasion present on the left shoulder joint. The applicant alleges that injury report is of private Doctor and not by the Government Doctor. In the bail rejection order also there is no supplementary Doctor report. The applicant is in jail since 07.09.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India 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 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Mustfa involved in Case Crime No.84 of 2019, under Section 307 IPC, Police Station Rajapur, District- Chitrakoot be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 30.9.2019 SS