Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27170 of 2021 Applicant :- Nafees Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Arshad Khan Counsel for Opposite Party :- Shravan Kumar Singh
Hon'ble Rajiv Joshi,J.
Heard Sri Mohammad Arshad Khan, learned counsel for the applicant, learned A.G.A for the State as well as Sri Shravan Kumar Singh, learned counsel for the informant and perused the record..
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 535 of 2020, under Sections- 147, 148, 323,325,352 and 307 IPC, Police Station- Jewar, District- Gautam Budh Nagar, during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and has falsely been implicated in the present case. The FIR was lodged on 15.11.2020 at about 8:pm against four named persons and three unknown persons with the allegation that they have assaulted the brother of the informant as a result he got injured. It is further stated in the FIR, that the role of firing has been assigned to the applicant. As per the injury report that there are four injuries on the body of the injured which are as under:-
"1. Wounds: L.W. over Lt. side occipital region size 5x2cm
2. Wounds: L.W. over Lt. Hand Dorsum size 1x1cm
3. Wounds: L.W. Swelling and tenderness both hand.
4. Wounds: Swelling & tenderness both lower leg and R. Ankel."
The injury report indicates that there is no fire arm injury on the body of the injured and in the statement of the injured, role of firing has been assigned to the applicant. The applicant is in jail since 1.2.2021 having criminal history of three cases, which has been explained in paragraph no.3 to the supplementary affidavit and has no criminal history and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. The application is allowed.
Let the applicant, Nafees who is involved in aforesaid crime 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 attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 29.10.2021 Akbar Digitally signed by Justice Rajiv Joshi Date: 2021.11.01 10:35:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad