Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48778 of 2018 Applicant :- Tarikh Opposite Party :- State Of U.P.
Counsel for Applicant :- Afzal Ahmad Khan Durrani,Shirin Hilal Khan Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Tarikh seeking bail in Case Crime No. 207 of 2018, under Sections 304, 323, 504, 506 I.P.C., P.S. Babugarh, District Hapur.
As per the prosecution case, four persons namely Nadeem, Waseem, Tarikh and Suholin are named as accused in the F.I.R. dated 03.05.2018, who are said to have assaulted the informant-Imran, his uncle Ambar and Irfan with lathi and stone. Initially on the application of the informant case was registered as N.C.R. No. 53/2018, under Sections 323, 504, 506 I.P.C. on 27.04.2018 regarding the alleged occurrence dated 26.04.2018. Subsequently on the basis of medical report, case was converted on 03.05.2018 as Crime No. 207 of 2018, under Sections 323, 504, 506, 308 I.P.C. On the death of injured Ambar during his treatment, case has again converted under Section 304 I.P.C. It is next submitted by learned counsel for the applicant that the post mortem report shows the cause of death is due to anti-mortem injury and septicemic shock. It is next submitted that there is cross version in respect of incident took place on 26.04.2018 from the side of the applicant and N.C.R. No. 52 of 2018 was lodged on 27.04.2018 under Sections 323, 504 and 506 I.P.C. by the co-accused Sulohin against Ambar (deceased), Irfan, Imran and Muntjir, in which co- accused Nadeem has received injury. From the perusal of injury report of co-accused Nadeem shows that he has also received injury on his head and his medical examination was done in C.H.C. Hapur. It is further submitted that later on an application dated 07.05.2018 was moved under Section 155(2) Cr.P.C. before the C.J.M., Hapur assigning the role of causing injury on the head of Nadeem to the Imran who is injured in Case Crime No. 207 of 2018. It is also submitted that the said application dated 07.05.2018 was allowed by the Judicial Magistrate vide order dated 07.06.2018 and after investigation of the case lodged from the side of the applicant, a charge-sheet has also been submitted against the accused Irfan, Imran and Muntjir. It is further submitted that in the first information report, there is no mention about causing injury to the deceased Ambar by the applicant Tarikh by iron rod. Since the injured Imran is also a accused in the report lodged from the side of the applicant and role has been assigned to him to causing injuries to the Nadeem, therefore, Imran in his statement dated 07.05.2018 under Section 161 Cr.P.C. has improved the prosecution case adding the weapon of assault sariya also and thereafter Irfan in his statement has assigned the role of causing injury by iron rod to the applicant making improvement in the prosecution case. It is also submitted that there is no explanation of injury of Nadeem in the F.I.R. of Case Crime No. 207 of 2018 lodged against the applicant. It is also submitted there is no recovery of alleged weapon of assault from the applicant and co-accused persons namely Waseem, Nadeem and Suholin have been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos.31614 of 2018, 42200 of 2018 and 47012 of 2018 on 28.09.2018, 12.11.2018 and 10.12.2018 respectively. It is also submitted that applicant has no criminal history and specific averment in this regard has been mentioned in para 21 of the bail application and he is in jail since 15.05.2018.
On the other hand, learned A.G.A. vehemently opposed the prayer for bail of the applicant and submitted that the role of causing injury has been assigned to the applicant by co-accused Irfan in his statement recorded on 07.05.2018, but could not dispute the fact that the weapon of assault iron rod, which has been assigned to the applicant by the co-accused Irfan has not been mentioned in the F.I.R.
Considering the submission of learned counsel for the parties as well as facts of the case, nature of allegation, without expressing any opinion on the merits of the case, this Court is of the opinion that it is a fit case for bail to the applicant. Hence, the bail application is hereby allowed.
Let the applicant Tarikh involved in Case Crime No. 207 of 2018, under Sections 304, 323, 504, 506 I.P.C., P.S. Babugarh, District Hapur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the 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 appellant 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.
6. The applicant shall not taken any adjournment in the trial.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail. The trial court is also directed to conclude the trial of the applicant within one year.
Order Date :- 19.12.2018 Abhishek