Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38068 of 2021 Applicant : Saddam Opposite Party :- State Of U.P Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.356 of 2021, under Sections 147, 148, 149, 323, 307, 452, 504, 506 I.P.C., Police Station Kairana, District Shamli.
Learned counsel for the applicant submits that according to the FIR version on 2.7.2021 applicant and eight other co-accused persons came in the hall of informant with lathi, danda and tamanch and by abusing started beating Munnawar and when his family members protested they assaulted them also with intention to kill in which Abbas, Afsar and Imran received grievous injuries. He further submits that on alarm, Meharban, Yaseen and Imran and several other persons reached the spot and saved them while leaving applicant and co-accused Saddam fired at them from which they were escaped narrowly. Thereafter, injured were taken to the Government Hospital Kairana from-where they were referred to District Hospital Shamli and Abbas was referred to Muzaffarnagar. As per supplementary report, Abbas has got fracture of mandible bone at the level of right side angle of (lower jaw) and also fracture has been seen at the level of distal end of first metacarpal bone with detachment of sesamoid bone overlying soft tissue swelling in right hand along with the fracture of styloid process of right radius bone and injuries of Afsar and Imran are simple in nature. He further submits that who caused the grievous injury is not specified. He next submits that the applicant has criminal history of one case, which has been explained in para 21 of the affidavit filed in support of the bail application. He further submits that the applicant has been falsely implicated in the instant case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. It is next submitted that the applicant is languishing in jail since 20.7.2021.
Digitally signed by Justice Ali Zamin Date: 2021.09.28 17:10:08 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that specific role of firing has been assigned to the applicant, therefore, he does not deserve any benevolence.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, complicity of the applicant and nature of injuries, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant Saddam involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant will not tamper with the evidence and pressurize the witnesses during trial.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
The party shall file computer generated copy of such 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 21.9.2021 m.a.