Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16605 of 2021 Applicant :- Riyajuddin Opposite Party :- State of U.P.
Counsel for Applicant :- Ratish Kumar Singh Counsel for Opposite Party :- G.A.,A.Z.Khan
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed in Court today, is taken on record.
Heard leaned counsel for the applicant, learned A.G.A. for the State-respondent and perused the material brought on record. However no one has appeared on behalf of the first informant despite calling the case in revised list.
The present bail application has been filed by the applicant in case crime No. 85/2021, under Sections 326A, 323, 506 IPC, police station Deoband, District Saharanpur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that alleged incident has been shown of 09.01.2021, but FIR has been lodged after 20 days on 01.02.2021 and no satisfactory explanation for delay in FIR has been given. It was further submitted that no motive has been shown as to why the applicant would commit any such incident. It was submitted that in fact, son of first informant, namely, Saggir and applicant are friends and while they were playing in the room, suddenly son of first informant fell down on the ground and there was semination of acid and that injured has sustained acid injuries due to that reason. It was further submitted that in fact acid was lying spread on the ground and that injured has sustained acid burn injuries accidentally. Learned counsel has submitted that the allegation that applicant has thrown acid over injured is false and baseless. It was further argued that the applicant is in judicial custody since 11.02.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
On the other hand, learned A.G.A. has opposed the prayer for bail and argued that injured has made clear statement that applicant and co-accused have thrown acid upon him and resultantly, he has sustained acid burn injuries. Learned A.G.A. has referred statements of several eye witnesses, who have supported the prosecution version and that from injury report of injured, it is clear that injured has sustained acidic burn of second degree on several parts of his body.
After considering submissions of learned counsel for the parties, looking into the seriousness of the allegations, gravity of the offence, severity of punishment and considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the instant bail application filed on behalf of applicant Riyajuddin is rejected.
Order Date :- 22.9.2021 Anand