Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13336 of 2021 Applicant :- Shadab Opposite Party :- State of U.P.
Counsel for Applicant :- Abhinav Singh Counsel for Opposite Party :- G.A.,Mohammad Faisal Khan
Hon'ble Om Prakash-VII,J.
Exemption application is allowed.
Heard Shri N.I. Jafri, learned Senior Advocate assisted by Shri Abhinav Singh, learned counsel for the applicant, Shri Mohammad Faisal Khan, learned counsel for the informant as well as learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is a cross version case. Applicant's side have also received injuries in the same incident but this fact has been suppressed by the informant and no explanation has been given regarding the injuries said to have been sustained on part of the applicant. At this juncture, learned counsel for the applicant also referred to the F.I.R. of the present matter as well as F.I.R. lodged on part of the applicant and further argued that present F.I.R. was lodged belatedly. It is further submitted that medical evidence does not support the oral version. A general role has been assigned to all the accused in the F.I.R.. Referring to the statement of the witnesses recorded under Section 161 Cr.P.C., it is further submitted that same is based on advise. It is further submitted that there is cross version of the present matter and which version is correct shall be decided during trial. The applicant has no criminal history. He is languishing in jail since 20.05.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for the informant as well as learned AGA opposing the prayer for bail argued that since deceased was under treatment and informant was busy in his treatment, therefore, F.I.R. could not be lodged on the same day. It is further submitted that injuries said to have been sustained on part of the applicant is fabricated and manufactured. Witnesses interrogated under Section 161 Cr.P.C. have specified the role of the applicant for causing injuries with the weapon Favda, therefore, applicant case is different with the role of co-
accused already released on bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Shadab involved in Case Crime No. 73 of 2020, under Sections 323, 302, 504, 506 IPC, P.S. Kakroli, District - Muzaffar Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file computer generated copy of this 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.
Order Date :- 5.4.2021 Sanjeet Digitally signed by Justice Om Prakash Date: 2021.04.05 15:09:19 IST Reason: Document Owner Location: High Court of Judicature at Allahabad