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Sahjad vs State Of U P

High Court Of Judicature at Allahabad|25 February, 2019
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JUDGMENT / ORDER

Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5414 of 2019 Applicant :- Sahjad Opposite Party :- State Of U.P.
Counsel for Applicant :- Utkarsh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Sahjad seeks bail in Case Crime No. 117 of 2015 (Session Trial No. 1130 of 2015), under Sections 323/34, 307/34 IPC, P.S. Lisari Gate, District- Meerut.
Learned counsel for the applicant has submitted that applicant was named in the first information report alongwith three other accused persons and specific role of causing injury to Abid was assigned to him, however subsequently, in his statement recorded under Section 161 Cr.P.C., the injured Abid stated that infact co-accused Zulfiqar had assaulted him with knife, due to which he suffered injuries and the recovery of knife was also made at the pointing out of co-accused Zulfiqar. Consequently, on the basis of said statement applicant was exonerated of the offence and no charge-sheet was submitted against him and other co-accused Pappu. The charge-sheet was submitted only against Akhlaq, Guddu and Zulfiqar. On the basis of said charge-sheet, charges were framed against the charge-sheeted accused persons and the trial started. During the course of trial, the statements of P.W.-1 Babu Khan and P.W.-2 Abid has been recorded, in which role of assault has again been assigned to applicant- Shajad.
Subsequently, first informant P.W.-1 Babu Khan moved an application under Section 319 Cr.P.C. and prayed that the applicant is also involved in the present case, as such he may also be summoned to face trial. The said application was allowed by the trial court vide order dated 15.10.2018. Pursuant to the said order, the applicant appeared before the trial court and moved an application for bail, however his bail application was rejected by the trial court. Learned counsel for the applicants has next submitted that co-accused Zulfiqar, who earlier was assigned the role of causing injury to the informant has been granted bail and now during the course of trial victim Abid has again changed his statement and has stated that it was the applicant, who had caused injury to him. Learned counsel for the applicant has next submitted that looking to the material contradiction in the statement of the victim before the Investigating Officer and the trial court, prima facie a case for bail is made out. Lastly, it is submitted that applicant is in jail since 9.1.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that applicant is in jail since 9.1.2019 and has no criminal history to his credit and during the course of investigation final report was submitted against him.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Sahjad be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 25.2.2019 KU
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Title

Sahjad vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
25 February, 2019
Judges
  • Rajiv Gupta
Advocates
  • Utkarsh Pandey