Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23509 of 2021 Applicant :- Sirajuddin Opposite Party :- State Of Up.
Counsel for Applicant :- Mohd. Kalim,Mary Puncha (Sheeb Jose) Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Shri Mohd. Kalim, learned counsel for the applicant, 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. Offence is said to have been committed on 09.01.2021 whereas F.I.R. was lodged on 01.02.2021. Delay occurred in lodging the F.I.R. has not been properly explained. Referring to the documents annexed with the application, it is further submitted that in-fact applicant was beaten by the informant' side. Number of injuries were also caused to the applicant. He was also medically examined on the day of incident i.e. on 09.01.2021 itself. Although an application for lodging the F.I.R. was moved before the police station concerned by the applicant yet no F.I.R. was lodged. Thereafter an application under Section 156(3) Cr.P.C. was moved and same is pending. It is further submitted that offence under Section 326-A IPC is not attracted in the present matter. Injuries are simple in nature. Present F.I.R. was lodged at belated stage only to save the skin from the consequences of prosecution started on behalf of applicant's side. No prima facie case is made out against the applicant. The applicant has no criminal history. He is languishing in jail since 11.02.2021 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 AGA opposed the prayer for bail and submitted that burn injuries were found on the body of the injured. Although F.I.R. was lodged on 01.02.2021 yet medical examination of the injured was conducted on 09.01.2021 itself. A prima facie case is made out against the applicant.
Perusal of the record reveals that F.I.R. was lodged in this matter after a considerable delay, thus considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses 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 Sirajuddin involved in Case Crime No. 85 of 2021, under Sections 326-A, 323, 506 IPC, P.S. Deoband, District - Saharanpur 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 :- 30.9.2021 Sanjeet Digitally signed by OM PRAKASH Date: 2021.09.30 16:01:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad