Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16987 of 2021 Applicant :- Suahail Akhtar @ Guddan Opposite Party :- State of U.P.
Counsel for Applicant :- Suresh Bahadur Singh,Imran Ullah Counsel for Opposite Party :- G.A.,Raj Nath Pandey
Hon'ble Raj Beer Singh,J.
Heard Sri Imran Ullah, learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to the prosecution version, on 20.11.2020 at 6:00 PM co-accused Ishan Ahmad @ Raja has caused knife injuries to the deceased, who is nephew of informant. It was alleged that co-accused Ishan Ahmad @ Raja gave several knife blows on deceased which resulted into his death. During investigation, the involvement of applicant was also shown in the incident.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It was submitted that in first information report, informant has given vivid description of entire incident and alleged that co-accused Ishan Ahmad @ Raja has committed the incident and applicant was not named. Similarly, in his statement, which was recorded on 21.11.2020 by Investigating Officer, the informant has repeated the same version and applicant was not named and in fact the said co-accused was attributed such positive role that there was no possibility for introducing any more accused, however, on 23.11.2020 the informant submitted a tehrir to the police whereby he has improved the prosecution version and applicant was also implicated as an accused and that later on one supplementary statement of informant was recorded on 24.11.2020 and entirely new story was developed implicating the applicant. Learned counsel submitted that from attending facts and circumstances of the case it is quite apparent that this new version of informant is thoroughly false and improbable. Similarly, in support of said new story, some witnesses namely, Shameem Ahmad, Rajesh Singh and Rustam Parvez were also introduced. It was submitted that all these facts and circumstances show that informant has not seen the incident and there is no other eye-witness of alleged incident. It was submitted that even as per the improved version of informant, the role of causing knife injuries to deceased has been attributed to co-accused Ishan Ahmad @ Raja and that role assigned to applicant was that of catching hold. It has been further submitted that the applicant is languishing in jail since 16.12.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Suahail Akhtar @ Guddan involved in Case Crime No. 203 of 2020, under Sections 302, 504 of IPC, P.S. Rasda, District Ballia, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 29.7.2021 A. Tripathi