Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26901 of 2019 Applicant :- Safaullah Ansari @ Majnu Opposite Party :- State of U.P.
Counsel for Applicant :- Dheeraj Singh (Bohra),Bishram Tiwari,Narendra Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Applicant claims to have been falsely implicated in this case on several counts; prime being that in the F.I.R. the version of assault being caused by the use of spear by the applicant has been asserted, whereas no such averment appears in the statement recorded under Section - 161 Cr.P.C. That way, the version of the F.I.R. stands negated. Insofar as the injuries on the two persons, namely-the deceased and the another injured are concerned, even then, the version as stated in the F.I.R. does not match with the ante-mortem injuries of the deceased and his medical report, while there is medical examination report of the another injured, whose injuries were neither incised nor punctured wound but in the shape of lacerated wound and abrasion only. The cause of death is shown to be comma due to ante mortem injuries and in the opinion of doctor, regarding the injury of the injured was caused by hard and blunt object, therefore the use of spear in the commission of offence as alleged in the F.I.R. stands falsified. The other co-accused of this case have already been admitted to bail by co-ordinate Bench of this Court. Copy of their bail orders have been annexed as Annexure No.10 to the affidavit filed in support of this bail application. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 30.08.2018.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Safaullah Ansari @ Majnu involved in Case Crime No. 247 of 2018, under Sections - 147, 148, 149, 302, 308, 504, 506, 325 I.P.C., Police Station - Gauri Bazar, District - Deoria be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 29.10.2021 S Rawat