By means of this application, the applicant, who is involved in Case Crime No. 185 of 2020, under sections 147,323,304,308,506,188,269 of the Indian Penal Code and Section 3 of Epidemic Diseases Act, Police Station-Gusaiganj, District-Sultanpur is seeking enlargement on bail during the trial.
As per the prosecution case on 12.05.2020 at about 8 A.M. the accused persons beaten the father of the complainant namely Riyaj Ali and the accused Ashraf assaulted serious injury by rod on the head of the deceased and others have assaulted by lathi and danda as such the father of the complainant became unconscious and thereafter he was carried to C.H.C. from where he was referred to District Hospital and from District Hospital he was referred to Lucknow.
Learned counsel for the applicant submits that cross case bearing F.I.R. No. 181 of 2020 has been lodged from the applicant's side and four persons are injured from the applicant side. The injuries suffered by the applicant side has not been explained by the prosecution. The injured witness namely Suhail has assigned the assault on the head of the deceased by rod to Ashraf (co-accused) and general role has been assigned to the applicant along with other co-accused persons except Ashraf.
It is further submitted that version in the F.I.R. that the F.I.R. has been lodged after the deceased was admitted in K.G.M.U. Lucknow, in fact it is argued by learned counsel for the applicant that perusal of the postmortem report depicts that the deceased was admitted in K.G.M.U. Lucknow on 18.05.2020 where he remained three days and died on 21.05.2020.
It is further submitted that no specific role has been assigned to the applicant. The applicant is languishing in jail since 23.02.2021 without having any criminal history. Charge sheet in the matter has been filed.
It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
It is further submitted that co-accused persons namely Barkhu @ Sarwar Ali, Khatir Ali @ Khatir and Shakeel, preferred Bail No. 8025 of 2020, Barkhu @ Sarwar Ali Versus State of U.P., Bail No. 6956 of 2020, Khatir Ali @ Khatir Versus State of U.P. and Bail No. 6969 of 2020, Shakeel Versus State of U.P. and this court vide its orders dated 08-03-2021, 23-03-2021 and 24-03-2021 have granted bail.
It is further submitted that the case of the applicant stands at the same footing as to the case of co-accused persons to whom bail has been granted and hence, the applicant is entitled for the parity of the same.
On contra, learned A.G.A. has opposed the prayer for grant of bail but unable to dispute the fact regarding grant of bail to the co-accused persons and the submissions raised by the learned counsel for the applicant.
After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case and without entering into the merits of the case and also on the ground of parity, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed.
Let the applicant,Sahaban @ Shahban Raza, involved in Case Crime No. 185 of 2020, under sections 147,323,304,308,506,188,269 of the Indian Penal Code and Section 3 of Epidemic Diseases Act, Police Station-Gusaiganj, District-Sultanpur, be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
(i) The applicant shall, however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) 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.
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 :- 18.8.2021 AKS