Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11815 of 2021 Applicant :- Sohil Opposite Party :- State of U.P.
Counsel for Applicant :- Lihazur Rahman Khan,Araf Khan Counsel for Opposite Party :- G.A.,Rajiv Tiwari
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned counsel for informant as well as the 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 further submitted that F.I.R. was lodged by one Mohd. Umar on 16.10.2019 regarding the offence said to have been committed on 15.10.2019 against Javed Chaudhary and one unknown person. Later on, a different story was developed in this case and named accused were exonerated and applicant and other accused were implicated. Referring to the statement of witnesses recorded under Section 161 CrPC it is further submitted that the said statements are based on hearsay evidence. Since informant has changed the version, there is no direct evidence against the applicant and entire prosecution case rests on hearsay evidence, applicant is also entitled for bail. Referring to statement of Anuj Gaur and Mohd. Umar it is also submitted that they claimed themselves eye account witnesses but identity of the accused was disclosed by them on the basis of hearsay evidence. None has witnessed the incident. Role assigned to the applicant is not distinguishable with the role of co-accused already released on bail. Referring to entire evidence it is further submitted that no proper test identification parade was arranged in the matter. Recovery is false and planted and is not connected with the present matter. The applicant has no criminal history. He is languishing in jail since 20.10.2019 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 informant as well as the learned AGA opposing the prayer for bail submitted that though applicant is not named in the F.I.R. yet when the eye account witnesses were interrogated they specifically named the applicant assigning specific role for causing fire arm injury. At this juncture, learned counsel for the informant referred to statement of Anuj Gaur and Mohd. Umar and further submitted that a prima facie case is made out. Applicant cannot be released on bail on the ground of parity. There is recovery of weapon said to have been used in commission of crime.
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 recorded under Section 161 CrPC 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 Sohil involved in Case Crime No. 589 of 2019 (S.T. No.
1979 of 2020), under Sections 396, 307, 412 IPC, P.S. Civil Lines, District - Aligarh 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 self attested 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 :- 30.7.2021 safi