Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15974 of 2021 Applicant :- Rizwan And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicants Rizwan, Zeeshan and Aarif in connection with Case Crime No. 398 of 2020, under Sections 147, 308, 323, 325, 352 I.P.C., Police Station Kant, District Shahjahanpur.
Heard learned counsel for the applicants and learned A.G.A. appearing for the State.
It is submitted by the learned counsel for the applicants that there are cross versions relating to the same occurrence dated 20.05.2020, wherein both sides have sustained injuries. There are two injured on the complainant side, whereas one on the applicant side, that is to say, applicant No. 1. It is argued that the applicants are not named in the FIR, which was lodged against co-accused Shahid. The applicants' name surfaced later on during investigation, after a lapse of one month and six days. It is, particularly, submitted that considering that there are cross versions relating to the same occurrence, it cannot be said at this stage as to which side was the aggressor. It is submitted that the applicants have no criminal history as asserted in paragraph 20 of the affidavit and are in jail since 04.03.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that there are cross versions relating to the same incident, the fact that it is difficult to judge at this stage as to which side was the aggressor, the fact that both sides have sustained injuries, the fact that the applicants are not named in the FIR and the fact that the applicants have no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicants Rizwan, Zeeshan and Aarif involved in Case Crime No. 398 of 2020, under Sections 147, 308, 323, 325, 352 I.P.C., Police Station Kant, District Shahjahanpur be released on bail on executing their personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission.
v) The applicants 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 5.4.2021 Brijesh Maurya