Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47941 of 2021 Applicant :- Tanveer Opposite Party :- State of U.P.
Counsel for Applicant :- Sadaful Islam Jafri,Mohd Zubair,Sr. Advocate Counsel for Opposite Party :- G.A.,Lokesh Kumar
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 364 of 2021, under Section 147, 148, 323, 506, 307 of I.P.C. registered at P.S.- Kairana, District- Shamli.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Applicant has not committed the alleged offence. There is one day unexplained delay in lodgement of the F.I.R. There is no injury of axe on the person of injured although causing injury by axe has been assigned to co-accused Nadeem. There are four assailants and it is not clear as to who is the author on the head injury to injured Shamim. The applicant has no criminal history; he is languishing in jail since 26.08.2021.
Per contra, learned A.G.A. and learned counsel for the complainant opposed the prayer for bail. Learned counsel for the complainant submitted that injury on the head of injured Shamim is grievous in nature and the said injury is on vital part of the body.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that it is not clear as to who is the author of the head injury sustained to injured Shamim and role assigned to the applicant, without expressing any opinion on merits of the case, a case for bail is made out. Accordingly, the bail application is allowed.
Let the applicant Tanveer involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 22.12.2021 VPS