Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18123 of 2021 Applicant :- Riyazul Opposite Party :- State of U.P.
Counsel for Applicant :- Sujan Singh,Tej Bhan Singh,Vinod Prakash Srivastava (Senior Adv.) Counsel for Opposite Party :- G.A.,Rateesh Singh,Sandeep Singh
Hon'ble Om Prakash-VII,J.
Counter affidavit filed today on behalf of the informant is taken on record.
Heard Sri V.P. Srivastava, learned senior advocate assisted by Sri Tej Bhan Singh and Sri Sujan Singh, learned counsel for the applicant, learned A.G.A for the State as well as Sri Sandeep Singh, learned counsel for the informant and perused the record.
Sri Srivastava, learned senior counsel appearing for the applicant - Riyazul submitted that the applicant is innocent and has been falsely implicated in this case due to rivalry. He has not committed any offence. He is not named in the F.I.R. He is also not figured in the CCTV footage. Referring to the statement of the injured witnesses and eye account witnesses, it is further submitted that they have also not disclosed the name of the applicant - Riyazul in commission of the present offence. It is next contended that for the first time, name of the applicant came to surface in the statement of co-accused Karamveer. No overt act has been assigned against the applicant. Referring to the entire evidence collected by the investigating officer against the applicant - Riyazul, it is further argued that prosecution has been launched on the basis of inadmissible evidence. Had the applicant present on the spot, he would have been figured in the CCTV itself. Thus, referring to the aforesaid fact, it is argued that all the criminal cases shown against the applicant as criminal history, have been duly explained through paragraph 20 of the affidavit accompanying the bail application. No prima facie case is made out against the applicant, who is languishing in jail since 5.11.2020. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail and argued that although name of the applicant is not disclosed in the F.I.R. nor in the statement of the witnesses, but his name surfaced in the statement of co-accused. Thus, a prima facie case is made out against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, 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 Riyazul involved in Case Crime no.523 of 2020 under Sections 147, 148, 149, 323, 504, 506, 427, 307, 396, 412 IPC and 7 Criminal Law Amendment Act, Police Station Saidpur, District Ghazipur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
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. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
4. 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 him 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 12.8.2021 ss