Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30943 of 2021 Applicant :- Raees @ Chhanga Opposite Party :- State of U.P.
Counsel for Applicant :- Udai Chandani Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant and learned AGA for the State.
The accused- applicant is involved in Case Crime No. 63 of 2021, under Section 147, 149, 452, 307, 323, 324, 308, 504, 506 IPC, registered at Police Station Rampur Maniharan, District Saharanpur.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. It is submitted by learned counsel for the applicant that as per prosecution version six persons were named in the FIR on said to have apprehended and assaulted the injured Arshad and Tanveer with lathi and danda, in which the injured have sustained injuries. It is also submitted that in the FIR and the injured Arshad in his statement recorded under Section 161 Cr.P.C. has categorically stated that all six accused assaulted him with lathi and danda and author of the injury has not been identified by the Arshad. The general role has been assigned to all the accused. It is further submitted that two persons have also been injured on the side of the applicant for which no explanation has been furnished by the prosecution. The similarly placed co-accused Shamsh Tabrez and Another and Saurab have been granted bail by a coordinate Bench of this Court vide orders dated 18.06.2021 and 22.06.2021 passed in Criminal Misc. Bail Application Nos. 22107 of 2021 and 21003 of 2021. The applicant has no criminal history and he is in jail since 13.05.2021, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. vehemently opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant, Raees alias Chhanga involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 12.8.2021 SK Srivastava