Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19643 of 2021 Applicant :- Noor Mohammad And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Chandra Gupta,Mohammad Arshad Khan Counsel for Opposite Party :- G.A.,Shravan Kumar Singh
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicants seeking bail in Case Crime No. 535 of 2020, under Sections 147, 148, 323, 325, 352, 307 IPC, Police Station Jevar, District Gautam Budh Nagar, during pendency of trial.
Submission of learned counsel for the applicants is that the applicants are innocent and have been falsely implicated. Applicants are not named in the FIR. In the statement of injured Farman, the name of the applicants came into the light after 19 days of the incident. He further submitted that the injured Farman is brother of complainant. He next submitted that the complainant has not disclosed the name of the applicants in the statement recorded under section 161 Cr.P.C. He further submitted that the alleged incident took place near Meenar Maszid, but no persons who were residing near Meenar Maszid have been made witness. No specific role has been assigned to the applicants. No offence under Section 307 IPC is made out against the applicants. He next submitted that the applicants are languishing in jail since 20.12.2020. In case, the applicants are released on bail, they will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicants fleeing from judicial process or tampering with the witnesses, as such they be released on bail.
Per contra, learned A.G.A. opposed the prayer for bail however, he did not dispute the fact as raised by learned counsel for the applicants.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, complicity of accused, nature and severity of punishment in case of conviction and all other attending circumstances were duly considered.
Considering the rival submissions of the learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that it is not clear as to who caused injury no. 1 to the injured Farman, without expressing any opinion on merits of the case, a case for bail is made out.
The bail application is accordingly allowed.
Let the applicants Noor Mohammad and Sher Mohammad 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 subject to the following conditions:-
1. The applicants will continue to attend and co-operate in the trial pending before the court concerned on the dates fixed after release.
2. The applicants will not tamper with the witnesses.
3. The applicants will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of order downloaded from the official website of the High Court, Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the parties concerned.
The concerned authority/court/official shall verify the authenticity of the computerized copy of the order from the official website of the High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.7.2021 v.k.updh.